Overview
Law360 quoted John Molenda in an article titled "Drug Patent Challenges at PTAB by the Numbers." The article, published June 21, summarizes a new study that challenges some of the conventional wisdom about the Patent Trial and Appeal Board (PTAB). According to the study, the PTAB has not been the graveyard for drug patents that some might expect as it's been invalidating these patents at virtually the same rate as district courts.
The study finds the patents that challengers have the most success taking down are method of treatment patents. Invalidity rates for these patents, which cover the use of a compound to treat a certain disease or condition, was 27% at the PTAB and 36% in district court. That method of treatment patents are easier to challenge is no surprise, but what was perhaps unexpected was the disparity between the PTAB and district courts.
Molenda says, "This is a very interesting statistic because it goes against the conventional wisdom that method of treatment patents are better to challenge in the PTAB given the PTAB's high level of technical expertise."
The full article can be read at Law360 (subscription required).
