Post-grant review in Hatch-Waxman litigation


David Weingarten, Finnegan Henderson, Atlanta, GA
Katherine Leonard, Finnegan Henderson, Atlanta, GA


257th ACS National Meeting - Orlando
Tuesday, April 2, 2019, 10:30am-11:00am
Orange County Convention Center Room W308D
”Post-grant review in Hatch-Waxman litigation”


The America Invents Act (AIA) made sweeping changes to the U.S. patent system, including the creation of administrative trial procedures to request review of the patentability of issued patents outside of patent litigation in federal court. Competitors in the pharmaceutical industry have used post-grant review proceedings, such as inter partes review (IPR), before the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board to challenge pharmaceutical companies’ patents as an alternative to litigation in federal court. This presentation will provide an overview of post-grant review proceedings, discuss the interplay between such challenges and patent infringement cases, and provide helpful strategies for pharmaceutical companies anticipating concurrent Hatch-Waxman litigation and post-grant review.