Partner Joseph Hynds ("Joe") will be a panelist at American Conference Institute Paragraph IV Disputes conference from April 25-27, 2016, in New York, New York.
Joe and his co-panelists will discuss pharmaceutical patent invalidity challenges in a panel called Pharmaceutical Patent Invalidity Challenge Score Card: District Courts v. The PTAB.
In the nearly four years since their inception and implementation, IPRs have offered an increasingly popular alternate route to invalidate a pharmaceutical patent outside of mainstream Hatch-Waxman litigation. In a sense, IPRs have now become an expected, although ancillary part of Hatch-Waxman litigation. However, all is not quiet at the District Court. As practitioners become more skilled in the IPR playing fields, they have realized that despite seeming cost savings, not all things are properly suited for an IPR and sometimes District Court makes the most sense. This panel will examine victories and vanquishments, procedural and substantive comparisons, and strategic and economic considerations for both the District Courts and PTAB.