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Generic company IPR study reveals “surprisingly high” institution rate

Michael Loney, New York

A Foley & Lardner study of generic drug company IPRs against pharmaceutical patents shows an increased willingness to use the PTAB, an above-average institution rate but below-average invalidation rate

Generic drug companies filing inter partes review (IPR) petitions at the Patent Trial and Appeal Board (PTAB) have a "surprisingly high" institution rate but a lower invalidation rate in final decisions, according to a study by Foley & Lardner.


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