The Rate Of PGR Petitions Hitting Orange Book Patents
Law360, New York (March 21, 2017, 1:23 PM EDT) -- According to the U.S. Patent and Trademark Office website as of the end of the government fiscal year 2016, 16 percent of all post-grant review petitions have been filed against patents that are currently listed in the U.S. Food and Drug Administration Orange Book.
Though the number of PGR petitions is relatively small (37), this could indicate a trend going forward. In contrast, Orange Book patents have been challenged in a much smaller percentage of inter partes review petitions, where about 5 percent of 5,143 total cases have been directed to Orange Book-listed patents. Considering an IPR petition can be...
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