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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