Finding Solutions to COVID-Related Pharmaceutical Patent Litigation Delays: Addressing Brand and Generic Concerns in the District Courts and at the PTAB
Chad A. Landmon
Partner
Axinn, Veltrop & Harkrider LLP
Mira Atanassova Mulvaney
Partner
Kirkland & Ellis LLP
- Examining how COVID-19 is causing havoc on ANDA litigation timetables established under Hatch-Waxman
- Exploring brand name and generic concerns about the probability and consequences of potentially tolling the 30-month stay in light of COVID court delays
- Assessing whether measures taken by the District of New Jersey and Delaware have been successful in mitigating COVID-19-related interruptions to ANDA litigation
- Looking at measures taken by the PTO relative to the extension of PTAB filings and proceedings under the CARES Act
- how this has impacted IPR proceedings as they relate to parallel proceedings and related stays
- Analyzing whether the use of virtual media, such as tele-conferencing or web-related activity has been useful in mitigating litigation disruption
- Understanding the economic and business impact of COVID -related ANDA and other patent litigation delays on:
- Patent rights
- Generic entry/180-day exclusivity