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Post-grant proceedings of bio & pharma patents: A brief overview and analysis of noteworthy cases since implementation of the America Invents Act

MARCH-APRIL 2019
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Author

Katherine A. Rubino, Caldwell Intellectual Property Law, Boston, MA
katie@caldwellip.com

Presentation

257th ACS National Meeting – Orlando
Monday, April 1, 2019, 11:15am-11:55am
Orange County Convention Center Room W308D
Post-grant proceedings of bio & pharma patents: A brief overview and analysis of noteworthy cases since implementation of the America Invents Act

Abstract

Inter-partes review has become an increasingly popular way to challenge patents, accounting for 92% of all post-grant trials. Inter-partes review was implemented in 2011 as part of the America Invents Act as an alternative to challenge patents in court. Since implementation, bio & pharma patents have been increasingly subjected to these petitions. Discussed in this presentation will be an overview of different strategies behind challenging patents in this way. We will examine the legal implications and considerations when implementing these challenges utilizing recent case studies. In addition, we will discuss strategies for patent holders.