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Media Coverage Articles

Principal Dorothy Whelan Quoted in "The Unintended Consequences of IPR" from LSIPR

June 24, 2015

Media Coverage Articles

Principal Dorothy Whelan Quoted in "The Unintended Consequences of IPR" from LSIPR

June 24, 2015

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Principal Dorothy Whelan was quoted in a piece by Life Sciences Intellectual Property Review titled “The Unintended Consequences of IPR.”

“Dorothy Whelan, co-chair of the post-grant practice group at Fish & Richardson and a principal in the law firm’s Minneapolis office, explains that initially it was the tech industry that primarily benefited from the introduction of the IPR.

‘The role of patents, and how these patents are challenged, is different in biopharma and biotech compared to the tech industry,’ Whelan says.

She adds that while Hatch­-Waxman litigation is typically the process for judging patents’ validity, the number of biotech and biopharma-­based IPR challenges has been steadily increasing.

Whelan notes an increase in the number of IPR petitions filed by generic manufacturers, particularly against patents directed towards formulations and methods of use. 

‘I expect the number to increase even further as multiple drug manufacturers begin to target biosimilars patents,’ she adds.”

Click here to read the entire article.

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