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Supreme Court Seems Likely To Keep Inter Partes Review Despite Problems

Executive Summary

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.

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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.

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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