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[1] 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.[2]

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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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