PTAB Mylan Decision Could Be Boon To Drug Innovators

In this article published by Law360, Dechert IP and litigation partner Katherine A. (Kassie) Helm, Ph.D. and associate Blaine Hackman, Ph.D., along with Mark J. Stewart, Ph.D., senior director and assistant general patent counsel at Eli Lilly & Co., discuss the Patent Trial and Appeal Board (PTAB)’s discretionary denial of Mylan’s IPR petition in Mylan v. Janssen.  

The authors examine how this important decision paves the way for discretionary denials of PTAB petitions with parallel Hatch-Waxman litigation. They also consider the landscape for post-Mylan discretionary denials to potentially curtail PTAB challenges of Orange Book patents, as well as the state of play of the PTAB’s use of discretionary denials.

Discretionary denials have emerged as a tool to further the PTAB’s policy goals and ensure that instituted trials can be adequately resourced and decided in a timely manner.

So too are discretionary denials a tool for innovator pharmaceutical companies to fend off PTAB review of Orange Book patents challenged by generic drug manufacturers in parallel litigation. 

Continue Reading “PTAB Mylan Decision Could Be Boon To Drug Innovators.”