The APJs Speak on Practice, Policy, and Procedure in the World of Pharmaceutical Patent Validity Challenges

April 30, 2019 1:00pm

Honorable Jacqueline Wright Bonilla
Vice Chief, Administrative
Patent Judge

Honorable Michelle N. Ankenbrand
Lead Administrative Patent Judge
Patent Trial and Appeal Board US Patent and Trademark Office

Honorable Rama G. Elluru
Administrative Patent Judge


Scott E. Kamholz
Of Counsel
Covington & Burling LLP (Washington, DC)

  • Surveying notable pharmaceutical patent wins and losses
  • Reviewing IPR, PGR and CBM filings involving pharmaceutical patents
  • Examining the latest statistics for types of challenges brought and types of patents challenged
  • Examining when the PTAB will issue a “good cause” extension of trial
  • Considering emerging case law shaping the role of prior art in the PTAB’s discretionary denial of inter partes review
  • Evaluating when petitioners may rely on prior art previously considered by the PTAB