We post frequently about IPRs here on the blog, because they are an efficient and relatively quick way to get a decision on validity of the patents that cover drugs, biologic or otherwise. In Merck & Cie v. Gnosis S.p.A., the Supreme Court denied certiorari after the Federal Circuit affirmed that the standard of review on appeal for factual findings from an IPR is the very deferential “substantial evidence” test, meaning that IPR decisions are generally more difficult to overturn on appeal than district court decisions. For a deeper dive into the briefing, decision, and practical implications of that case, check out this article published in the Journal of Generic Medicine written by Goodwin attorneys Fred Rein, Aviv Zalcenstein, and Kathleen McGuinness.
