Inter Partes Patent Challenges Are Constitutional, US Supreme Court Rules
But Patent Trial and Appeals Board must issue final written decision on all claims raised by challenger – not just some of them, court says; rulings in two closely watched cases mean that IPR proceedings can continue unabated, but generic drug and biosimilar sponsors may need to rethink how they go about challenging innovator patent claims.
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US justices appear divided on whether Patent Trial and Appeal Board can issue a final decision on only some of patent claims challenged. Justice Sotomayor said petitioner is trying to get around the court's Cuozzo decision, but others cited ambiguity in the statute and efficiency of tackling all claims.
US Justices questioned PTAB panel stacking and ability to challenge patent years after issuance, but the fact decisions can be reviewed by appellate court seemed to allay their concerns.
Biopharma and generic industries stand on opposing sides in case that could eliminate the patent challenge proceeding. Interactive timeline covers IPR's five-year history leading to oral arguments Nov. 27.