In its lawsuit, which was filed on Tuesday in federal court in Virginia, Glaxo claims the new rules are arbitrary and will prevent it from pursuing patent applications and obtaining patents on or more of its inventions, especially since the drugmaker has hundreds of various types of applications in the works. "The final rules arbitrarily limit the ability to claim all aspects of new medical innovations and discoveries, thereby reducing the incentive to innovate," Glaxo's lawyers write. Essentially, they claim the new restrictions will "wipe out significant capital investments."
"The patent bar and all innovators are up in arms about the fact that the new rules will substantially compromise the ability to obtain meaningful patent protection," writes Gene Quinn on his PLI Patent Blog. "...the new rules will certainly make patent portfolios worth less money and afford defendants the ability to encroach upon technologies that are patented and even make it easier to challenge patents."
In other words, generic drugmakers should be pleased. Look for more litigation.
Hat tip to PLI Patent Blog.