Patent Reissue and Reexamination in the Hatch-Waxman Realm: Strategies for When to Pursue and Correct Patent Errors
Vikram A. Mathrani
Partner
Hongiman LLP
Joseph Reisman
Partner
Knobbe Martens
Gregory A. Morris
Partner
O’Melveny & Myers LLP
In this session, our panelists will navigate the legal nuances and practical implications of patent reissue and reexamination in Hatch-Waxman litigation. Topics of discussion will include:
- Assessing how these processes can influence the strength, scope, and enforceability of pharmaceutical patents
- Understanding the impact on market exclusivity, generic drug entry, and patient access to affordable medications
- Analyzing the key considerations when deciding to pursue reissue/reexaminaiton in a Hatch-Waxman scenario
- Grounds for filing
- Process before USPTO
- Timing
- Identifying the risks and limitations of utilizing reissue proceedings to resolve patent errors
- Employing a cost-benefit analysis while your patent application is pending
- Reconciling when supplemental examination is beneficial relative to reissue