Finding Solutions to COVID-Related Pharmaceutical Patent Litigation Delays: Addressing Brand and Generic Concerns in the District Courts and at the PTAB

August 20, 2020 10:00am

Chad A. Landmon
Axinn, Veltrop & Harkrider LLP

Mira Atanassova Mulvaney
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