Sharon Crane will participate in a panel entitled "Life Sciences and IPR: Orange Book & Biologic Patents at the PTAB" as part of the IPWatchdog PTAB Masters 2022 program being held virtually January 24-27, 2022. Sharon's session will take place on January 27.
The USPTO has recently released a third report providing data on post-grant petitions filed at the PTAB against Orange Book and biologic patents. Although the report shows that such petitions represent only a small number of the petitions filed at the PTAB, namely 4% challenging Orange Book patents, and 2% challenging biologic patents, these IPRs challenge patents of high value. The panel will discuss the pros and cons of using the PTAB as a forum to challenge these patents, why institution rates for such petitions remain low, and strategies or both petitioners and patent owners at the PTAB.
PTAB Masters™ 2022 program, presented by IPWatchdog®, and co-chaired by Scott McKeown and Gene Quinn, will focus on the Patent Trial and Appeal Board from the viewpoint of both the patent owner and petitioners challenging patents. From the most important issues facing the PTAB and USPTO as an agency, to discretionary denials and parallel litigation, through PTAB trial tactics and strategies, this program will address the real-world issues facing stakeholders by presenting best practices, expert insights, and master level planning.
Law360 covered the session in an article entitled "Patent Specification Concerns Make IPRs Tricky for Drug Cos." on January 28. 2022. You can find the article here.