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Lessons Learned from First Final Written Decision in a Hatch-Waxman Related Inter Partes Review

December 16, 2014

By GERALD J. FLATTMANN JR. & GREGORY A. MORRIS

Last week, the Patent Trial and Appeal Board issued Final Written Decisions in three inter partes review proceedings upholding the patentability of patents covering the formulation for Oracea®. These are the first Final Written Decisions to be issued in an IPR proceeding concerning pharmaceutical patents in the context of a Hatch-Waxman dispute between brand and generic companies – and they are the first IPR win for the brand in that context. Gerald Flattman and Greg Morris discuss the case and its potential impact on the pharmaceutical industry.

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