Inter Partes Review and Pharma

Here’s a video I’ve done to explain why the pharmaceutical companies’ campaign against inter partes reviewAn adversarial procedure created by the AIA for challenging patents. Intended to be similar to a court proceeding, the parties argue before an Administrative Patent Judge, not a patent examiner. The challenger must show a reasonable likelihood of successfully invalidating one claim before the PTAB will agree to grant a petition for review. is disingenuous at best:

You can read more about IPRs here.

Note: There was a comment on Twitter pointing out that I don’t discuss Kyle Bass and his hedge fund’s attacks against some pharmaceutical patents using inter partes reviewAn adversarial procedure created by the AIA for challenging patents. Intended to be similar to a court proceeding, the parties argue before an Administrative Patent Judge, not a patent examiner. The challenger must show a reasonable likelihood of successfully invalidating one claim before the PTAB will agree to grant a petition for review.. There are two main reasons: 1) I’ve written about Kyle Bass before, and 2) none of his petitions have gone anywhere yet and there’s no reason to think they’ll do any better than previous petitions against pharmaceutical patents.