Litigation

Par Pharmaceutical, Inc. et al. v. Jazz Pharmaceuticals, Inc.

final written decision; claims unpatentable

IPR2015-00551

Court: Patent Trial and Appeal Board, U.S. Patent and Trademark Office
Filed: 2015-01-08
Terminated: 2016-07-27

Patents at issue (1)

Plaintiffs (2)

Defendants (1)

Δ Jazz Pharmaceuticals, Inc.

Summary

Par and Amneal petitioned for inter partes review of the '988 patent. The PTAB instituted the review and issued a final written decision on July 27, 2016 holding claims 1–15 of the '988 patent unpatentable as obvious over the Advisory Committee Art, with Korfhage as to claims 2 and 10.

Case overview & background

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Key legal developments & outcome

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Plaintiff representatives

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Defendant representatives

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Record id: 8457988-ipr2015-00551 · edit in Admin

Further reading

District court vs. PTAB: where to fight a patent challenge
Every defendant who actually fights a patent ends up choosing — sometimes implicitly — between district court invalidity, PTAB IPR, or both in parallel. The trade-offs are not symmetric; the choice often determines the case.
How to read a patent claim chart
The claim chart is where the plaintiff's case actually lives. The complaint is a pitch deck; the chart is the homework — and most patent troll homework doesn't survive a careful read.
Patent term and expiration
Patents don't last forever. They don't even reliably last 20 years. The expiration date that actually matters depends on the earliest filing date, the maintenance schedule, and any USPTO or FDA delays the patent owner can claim back.
Patent law glossary
Sixty-plus patent-law terms, defined in one or two sentences each, with a link to the deeper article. The universal landing pad when an article uses a term you don't know.
Joint defense groups: economics, formation, and the privilege framework
An NPE sues twenty defendants on one patent. Solo, each faces $3-5M in defense costs. Pooled into a joint defense group, the per-defendant number drops to $200-500K. The economics only work if the privilege framework is set up correctly.

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