Patent Reissue and Reexamination in the Hatch-Waxman Realm: Strategies for When to Pursue and Correct Patent Errors

October 24, 2023 3:00pm

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