Keri Schaubert, Ph.D.

is a member of Cozen O’Connor’s Intellectual Property Department and is based in the firm’s New York City office. Keri concentrates her practice on complex patent cases for clients in the pharmaceutical and biotechnology industries. She is a registered patent attorney and represents companies in Hatch-Waxman and biosimilar litigation.

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The PTAB Puts Hatch-Waxman Defendants on Notice: File IPRs Early or Risk Fintiv Discretionary Denial

On September 16, 2020, the Patent Trial and Appeal Board (PTAB) denied institution of Mylan Labs Ltd.’s petition for IPR of U.S. Patent No. 9,439,906 (“the ’906 patent”) in IPR2020-00440.  In doing so, the PTAB exercised discretion to deny institution based on the six factors set forth in its precedential order in Apple Inc. v Fintiv Inc. For Hatch-Waxman Defendants interested in challenging the validity of Orange Book-listed patents at the PTAB, IPR petitions should be filed as early as possible in order to avoid this same result.

October 29, 2020

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