Patent applicants rejected by the Patent Trial and Appeal Board usually appeal directly to the U.S. Court of Appeals for the Federal Circuit. However, Sterne Kessler attorneys say there might be a better way for biopharma applicants to get the board’s decision overturned: section 145 actions.
Directors Jeremiah B. Frueauf, Michael Joffre, Pauline M. Pelletier and Eric Steffe's article, "Biopharma Patent Applicants Should Consider a Rarely Used Strategy," was published by Bloomberg Law. The article explores the strategic advantages associated with section 145 actions in terms of maximizing patent term and leveraging the unique evidentiary opportunities available when litigating in district court.
Please click below to download the PDF of the article.