Pharma, Biotech Patent Holders Lament Appeal Board Survival

Pharmaceutical and life sciences patent holders may be unhappy the Supreme Court this week didn’t spike a review board known for invalidating patents at a high rate, but must be relieved the board can no longer do so piecemeal.

The court issued two long-awaited decisions April 24 addressing the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB). In a 7-2 ruling in Oil States Energy Svcs., LLC v. Greene’s Energy Grp., LLC, the court said PTAB is constitutional, rejecting arguments that only federal courts have the power to determine an issued patent is invalid. In SAS ...