At the May 2018 Managing IP PTAB Forum in New York, Corinne Atton presented statistics relating to the number of IPR Petitions Filed By Fiscal Year, focusing on IPRs filed against patents that have been identified as reading on CDER-listed biologic drugs and IPRs filed challenging Orange Book listed patents.
Of note, as of March 31, 2018:
- There was a significant spike in IPRs challenging Orange Book listed patents through 2015 and 2016;
- Since 2016 there has been a significant decrease in the number of IPRs filed challenging Orange Book listed patents;
- Biologic drug IPR challenges steadily increased through 2016 and 2017; but this trajectory may not continue through 2018.
Biologic Drug IPR Petitions include IPR petitions relating to CDER-listed biologic products and drugs for which follow-on products are approved under the 505(b)(2) pathway, such as insulin. IPR petitions relating to manufacturing patents that may be relevant to multiple products (for example, U.S. Patent No. 6,331,415 (a “Cabilly” patent)) are not included.
Orange Book Drug IPR Petitions include IPR petitions relating to patents that have been listed in the FDA’s Orange Book.
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