Filing citizen petitions with the FDA allows the public to raise concerns with the FDA and is often completely legitimate. However, brand name drug companies often file sham petitions with the obvious intent to slow the FDA’s generic approvals. These “blocking petitions” force FDA to address the merits of every petition, requiring considerable time and […]

Continue Reading

Product hopping is a tactic brand name drug companies use to prevent generic competition by forcing patients to switch to new formulations of a drug, with new patents, often with little or no therapeutic difference. These newer versions can be protected by new patents that effectively give Big Pharma companies new monopoly leases on old […]

Continue Reading

Brand name drug companies often attempt to bury competition from generic and biosimilar drugs indefinitely by finding ways to re-package existing inventions in later patents.  These later patents are often not innovative, meaning they are likely invalid. Allergan’s Restasis patents illustrate this phenomenon as well. Allergan was able to obtain new patents on its drug […]

Continue Reading

Inter Partes Review (IPR) is an important tool that Congress enacted as a bi-partisan solution to allow the PTO to eliminate bad patents efficiently. There are many advantages in allowing the PTO to police its own patent-granting decisions: PTO reexamination of granted patents is cheaper, faster, and benefits from the greater technical expertise PTO holds […]

Continue Reading