Replies to post #198077 on Biotech Values

[DewDiligence]

MNTA/TEVA—I assume there is precedence for the USPTO not agreeing with the EPO?

Certainly so, although I do not have cases to cite off the top of my head.

Would you say this affects that 80% invalidation rate previously alluded to?

The 80% rate of USPTO invalidation following an IPR is an empirical observation, not an opinion. So, I presume you’re asking if Teva’s chance of prevailing on the 40mg Copaxone IPR at the USPTO (scheduled for May 2016) is >20% based on the outcome at the EPO. I would say, yes, Teva’s odds are somewhat better than in an average IPR.

However, an IPR is only one avenue for invalidating Teva’s Orange Book patents on 40mg Copaxone; the other avenue, of course, is litigation, which is proceeding in parallel to the IPR.