Replies to post #10310 on Momenta Pharmaceuticals, Inc. (MNTA)

[DewDiligence]

[Rick Shea] states that 40% of patent cases that go to appeals are overturned. Can anyone confirm that #?

Just to be clear: we’re talking about Hatch-Waxman Paragraph-IV challenges, not patents in general. I can anecdotally confirm that a large proportion of such District Court rulings are overturned on appeal because there are many examples of this in the iHub Archive. 40% sounds a little high, but I’m pretty sure the proportion of reversals on appeal is at least 30%.

[DewDiligence]

Article on de novo claims construction is apropos to appeal of Copaxone patent case:

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