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BIO: Deals, Investment At Risk If IPR Course Unchanged

 
• By Donna Young

If the US Supreme Court permits the process for so-called inter partes reviews (IPRs) to remain on its current course, not only will patent claims held by innovator drug makers likely continue to be invalidated at unprecedented levels, but investment in the biopharmaceutical sector and partnering and acquisition deals among drug companies are at greater risk of falling apart, said Tom DiLenge, general counsel and head of public policy at the Biotechnology Innovation Organization (BIO).

If the US Supreme Court permits the process for so-called inter partes reviews (IPRs) to remain on its current course, not only will patent claims held by innovator drug makers likely continue to be invalidated at unprecedented levels, but investment in the biopharmaceutical sector and partnering and acquisition deals among drug companies are at greater risk of falling apart, said Tom DiLenge, general counsel and head of public policy at the Biotechnology Innovation Organization (BIO).

Even if the IPR concerns don't kill a deal, the value of the assets involved could be diminished – garnering less favorable terms and fewer dollars in up-front cash, milestones...

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