Patents Face 'Real Threat' From Inter Partes Review; PTAB Open To Change

Pfizer attorney says brand-name drug companies no longer can rely on the outcome of ANDA litigation to predict date of generic competition; PTAB chief judge observes that there is 'opportunity to get some more certainty for patent owners.'

For biopharma patent owners, the impact of inter partes review (IPR) proceedings can be summed up in one word: uncertainty. They say this patent challenge process prevents them from knowing when they can rely on their intellectual property rights.

It used to be that disputes over small molecule patents "would go through ANDA litigation and come to a successful...

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