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US Capitol Capsule: Patent Challenge Landscape Shifting: Inter Partes Reviews Climb

 
• By Donna Young

While biopharmaceutical firms initially were slow to pursue inter partes reviews (IPRs) – trial proceedings intended to be a faster and more affordable way for third parties to challenge patents than going through the American court system – there's been a significant uptick in the past year in the number of petitions filed involving drug makers' patents, which has more than doubled from 4% the previous two years to 9%, said Washington lawyer Eleanor Yost, a partner in Goodwin Procter's intellectual property litigation group.

While biopharmaceutical firms initially were slow to pursue inter partes reviews (IPRs) – trial proceedings intended to be a faster and more affordable way for third parties to challenge patents than going through the American court system – there's been a significant uptick in the past year in the number of petitions filed involving drug makers' patents, which has more than doubled from 4% the previous two years to 9%, said Washington lawyer Eleanor Yost, a partner in Goodwin Procter's intellectual property litigation group.

IPR proceedings, which are conducted by the US Patent & Trademark Office (US PTO) Patent Trial and Appeal Board (PTAB), were created under the American Invents Act (AIA) of 2011...

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