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April 28, 2021

Comments

Narcan is a strange one. That should have years of patent life left.

The reason it is expiring is because the patents were invalidated in ANDA litigation. The strange bit is that Teva both (1) petitioned for IPR; and (2) asserted obviousness as an affirmative defense in the district court. The PTAB upheld the patents, but the district court invalidated them.

So much for the idea of the PTAB as a "death panel."

Mr. DeLassus,

I am not clear why you are in such a hurry to use a single outlier as irrefutable proof that the notion of the PTAB as being a "death panel" is in error.

Then again, I see the general tone of your posts, and yes, I can see why you would be in such a hurry.

Me? I remain:

I'm confused about Teva, was the art the same in the IPR and DCT? Was Teva not estopped once the IPR decision came down?

Like skeptical, I'm not sure what conclusions you can draw from the fact that in a single instance, the IPR and DCT proceedings came out differently. Just playing the numbers, I figure that has to happen at least occasionally. But it would be interesting for sure to survey how often the IPR and DCT ended up disagreeing.

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