Summary of Oral Arguments in "Oil States"

Summary of Oral Arguments in "Oil States"

By Stephanie J. Moats

The U.S. Supreme Court asked tough questions during the oral arguments in Oil States Energy Services LLC v. Greene’s Energy Group LLC. This case challenges the constitutionality of inter partes review (IPR), a procedure established under the America Invents Act. There are 5 themes that came up during oral arguments on Monday. 

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PTAB Allows Amicus Brief in Allergan IPRs

PTAB Allows Amicus Brief in Allergan IPRs

By Margaux A. Savee

In an interesting turn of events, the Board is now permitting amicus briefs in the hotly disputed case between Allergan, Inc. and generic drug makers relating to patents for Allergan’s dry eye drug, Restasis. This appears to be the first time that the Board has allowed amicus briefs in a post-grant challenge.

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Inter Partes Review Proceedings on Fracking Procedures

Inter Partes Review Proceedings on Fracking Procedures

By: Babak Monajemi

Oil States Energy Services v. Greene’s Energy Group (hereinafter, Oil States) involves United States Patent No. 6,179,053, (the ’053 Patent) directed to using a mechanical lockdown mechanism in hydraulic fracturing (known as “fracking”) procedures. In 2012, the Plaintiff filed a patent infringement suit against the Defendant (Greene’s Energy Group).  Almost one year into the litigation, the Defendant petitioned the USPTO for inter partes review of the ‘053 claims.

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A Brief Overview of Pharmaceutical IPRs and Statistical Outcome

A Brief Overview of Pharmaceutical IPRs and Statistical Outcome

By: Jeffrey Kuo and Afia Naaz
Edited by: Margaux Savee

Patent invalidation is a high stakes game for the pharmaceutical industry. Patented drug sales account for about 70% ($244 billion) of pharmaceutical sales in the US, and invalidation of patents at the Patent Trial and Appeal Board (“PTAB”) has an impact on pharmaceutical share prices.

Read on for more information including:

  • Comparing IPR with District Court Litigation of Pharmaceutical Patents
  • Statistical Outcomes of Pharmaceutical IPRs
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Attack On Pharma Patents: Checking In On The Kyle Bass IPRs

Attack On Pharma Patents: Checking In On The Kyle Bass IPRs

By: Jeffrey Kuo and Afia Naaz
Edited by: Margaux Savee

Kyle Bass is a hedge fund manager who developed a strategy to attack pharmaceutical companies and their patents.  Bass, through various entities and more recently in his own name, files and publicizes the filings of Inter Partes Reviews (IPRs), challenging the patentability of a pharmaceutical patent in the United States Patent and Trademark Office (USPTO).  At the same time, Bass would bet that the threat of invalidation of the patent would cause the company’s stock price to drop; he would short sell the company’s stock or invest in other companies that would benefit if the patents deemed unpatentable. He calls this an “activist short strategy.” So far, Bass and his affiliates have filed 36 IPRs against 16 different pharmaceutical companies.

Why is he doing this?  Click to read more.

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