Generics would be shut out of PTAB under Hatch amendment
The Hatch-Waxman Integrity Act of 2018 would require a generic manufacturer wishing to challenge a brand-name drug patent to choose between Hatch-Waxman litigation and IPR, which one observer describes as a “Hobson’s choice”
US Senator Orrin Hatch has filed an amendment, the Hatch-Waxman Integrity Act of 2018, that would force a choice between the abbreviated processes under the Hatch-Waxman Act and challenging the brand patents at the Patent Trial and Appeal Board.
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