Press Release July 29, 2015

Goodwin Procter Publishes Guidebook On Litigating Pharmaceutical Cases Before the Patent Trial And Appeal Board

Goodwin Procter is pleased to announce the release of Pharmaceuticals at the Patent Trial and Appeal Board, a definitive guide for in-house counsel and business executives at pharmaceutical companies with matters before the Patent Trial and Appeal Board (PTAB). In-house attorneys and executives can view the table of contents for Pharmaceuticals at the Patent Trial and Appeal Board and request a free copy of the guide online.

The guide explores key statistics and case studies that reveal how the PTAB is handling pharmaceutical matters, and provides an overview of proactive measures for pharmaceutical companies involved in litigation before the PTAB.

“Strategies for patent litigation before the PTAB are rapidly evolving. The expanding use of Inter Partes Reviews is particularly noteworthy,” said Nick Mitrokostas, a partner in Goodwin Procter’s Intellectual Property Litigation Group and a co-author of the guide. “2015 will be a record-breaking year in petitions filed – knowing how to use this process to one’s advantage will be critical.”

“This guide will be a map for in-house attorneys at pharmaceutical companies to navigating the complicated waters of the PTAB,” said Cynthia Lambert Hardman, a partner in Goodwin Procter's Intellectual Property Litigation Group and a co-author of the guide. “As new developments in the pharmaceutical field such as biosimilars raise complex intellectual property issues, it will be vitally important for counsel to know the tools and strategies at their disposal.”

The guide explores topics including:

  • The significant rise in use of IPRs for pharmaceutical cases.
  • How generic pharmaceutical companies are seeing increasing benefits to parallel proceedings – including stronger chances of success at PTAB and leverage for case settlements.
  • The implication on future disputes involving biologics patents.

Pharmaceuticals at the Patent Trial and Appeal Board is the fourth in a series of Guidebooks published by Goodwin Procter’s Intellectual Property Litigation Practice.

Goodwin’s Intellectual Property Litigation Practice, recently named by Law360 as one of its “Practice Groups of the Year,” has worked with clients to secure preliminary injunctions, declaratory and summary judgments, favorable results in Markman proceedings, advantageous settlements, victories at trial and appellate relief. Goodwin attorneys routinely work with clients to take cases from pre-suit investigations through discovery and trials. Widely recognized as a leader in life sciences patent matters, Goodwin Procter has been named for three consecutive years as “Biotechnology Law Firm of the Year” by U.S. News Best Lawyers.