SCO­TUS to bio­phar­ma: In­ter partes re­views are here to stay, deal with it

The Supreme Court will not be com­ing to the res­cue of a bio­phar­ma in­dus­try that is des­per­ate­ly un­hap­py with the in­ter partes re­view sys­tem for patents.

Writ­ing for a 7-mem­ber ma­jor­i­ty on the court, Jus­tice Clarence Thomas ruled that the IPR process is a part of the le­gal struc­ture sur­round­ing the Patent and Trade­mark Of­fice’s au­thor­i­ty to grant a patent. And it is en­tire­ly con­sti­tu­tion­al.

From the rul­ing:

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