Analysis

PTAB's Doors Would Be Closed To Generics Under Hatch Bill

Law360 (June 20, 2018, 8:52 PM EDT) -- Proposed legislation by one of the architects of the Hatch-Waxman Act to require generics makers to choose between challenging drug patents under that law or through inter partes reviews would effectively bar generics from using America Invents Act proceedings, attorneys say.

Sen. Orrin Hatch, R-Utah, last week proposed, but has not yet introduced, the Hatch-Waxman Integrity Act, saying that allowing generics makers to challenge patents in inter partes reviews in addition to the traditional framework "threatens to upend the careful Hatch-Waxman balance by enabling two separate paths to attack a brand patent."

The legislation would require those filing abbreviated new drug...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS