Inter Partes Patent Challenges Are Constitutional, US Supreme Court Rules

But Patent Trial and Appeals Board must issue final written decision on all claims raised by challenger – not just some of them, court says; rulings in two closely watched cases mean that IPR proceedings can continue unabated, but generic drug and biosimilar sponsors may need to rethink how they go about challenging innovator patent claims.

Facade of US Supreme court in Washington DC on sunny day

Two US Supreme Court decisions handed down April 24 keep alive the ability of generic drug and biosimilar sponsors to administratively challenge innovator patents but could affect their strategies for initiating such challenges through the Patent Trial and Appeals Board.

In a 7-2 decision in Oil States Energy Services v Greene's Energy Group, the high court ruled that the...

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