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Inter partes reviews filed by generic drug companies have a higher institution rate but lower invalidation rate compared to other IPRs, say Wenhua Yu, Stephen Maebius and Tianran Yan of Foley & Lardner.
We reviewed a sub-group of 204 inter partes reviews (IPRs) filed by generic drug companies against pharmaceutical patents to assess Patent Trial and Appeal Board (PTAB) outcomes and key trends in dealing with this technology field. The study captured IPR filings by 14 of the most active generic petitioners among the world’s top-20 generic drug companies.
Mylan Pharmaceuticals heads the table with 58 IPR filings against pharmaceutical patents, followed by Amneal Pharmaceuticals (25 IPR filings), Apotex (21 IPR filings), Lupin (20 IPR filings), and Teva Pharmaceuticals USA (14 IPR filings).
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IPRs, ANDA, generic, Hatch-Waxman, pharmaceutical, PTAB