Can Reference Sponsor Forfeit Right To Sue Under BPCIA?

Steptoe associate Ron Vogel co-authored an article titled "Can Reference Sponsor Forfeit Right To Sue Under BPCIA?" for Law360. The article discusses a reference product sponsor forever barred from asserting a patent that was not included in its initial BPCIA litigation list. One interpretation of subsection 271(e)(6)(C) of the Patent Act suggests that it is "lose it or list it."