An appealing set of options: when should pharma innovators appeal invalidation by the patent office?
An inter partes review (IPR) is usually an unpleasant business for a patent owner, writes Greg DeLassus, a principal at international intellectual property (IP) firm Harness Dickey, in an expert view piece for The Pharma Letter.
This is especially true for the pharmaceutical industry, where 229 of 371 petitions (62%) challenging a patent claim have resulted in an IPR being instituted, and 47% of challenged claims have been destroyed.
Meanwhile, the Court of Appeals for the Federal Circuit (CAFC) only reverses the Patent Trial and Appeal Board (PTAB) around 20% of the time.
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