Download Bloomberg Law’s Litigation Analysis – Q4 2017 Intellectual Property report now for an examination of the interplay between challenges at the U.S. Patent & Trademark Office’s PTAB tribunals and litigation in the courts under the Hatch-Waxman Act of 1984.
Access the report now to get:
- An in-depth examination of just how far pharmaceutical companies are willing to go to block parallel attacks on patents at the patent office.
- An understanding of the differences between the PTAB and federal courts with regard to patent validity that drugmakers say make it easier to kill patents. For example, the standard used for interpreting the language in a patent claim at the PTAB, the “broadest reasonable interpretation,” is more likely than the standard used by federal courts to lead to a finding of invalidity.
- Detailed charts that show the drugs (and the drug companies) most litigated under the Hatch-Waxman Act, dominant venues for such litigation, and the total sales of the drugs – compiled with data from Bloomberg Law. The report also includes charts showing top PTAB parties, by petitioner and patent owner.
- Excerpts from Federal Circuit decisions that exemplify the “balance” ANDA (abbreviated new drug application) provisions of the Hatch-Waxman Act seek to strike between pharmaceutical patent holders and generic drugmakers.
- Potential outcomes of the sovereign immunity maneuver and what it might mean for brand-name drugmakers as they seek to avoid defending their patents in both federal court and the PTAB.