The Fate of Orange & Purple Book Patents at the PTAB

Key Bio/Pharma Assets at the PTAB Through more focused strategy, patent owners have ensured that Patent Trial and Appeal Board (PTAB) proceedings are not overwhelmingly fatal to Orange and Purple Book patents. In fact, patent invalidity rates at the PTAB now rival those in district court litigation. Ropes and Gray’s IP Litigation (Life Sciences) Chair Filko Prugo conducted a study that examines institution rates and final written decision outcomes for each Orange and Purple Book-related PTAB petition filed since the inception of the PTAB to May 1, 2018, as well as every validity decision rendered by a federal district court in Hatch-Waxman litigation between Jan. 1, 2013 and May 1, 2018. I hope you find these insights helpful. You can find the full study (here)

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