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...

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