Bracewell’s Kit Crumbley told IAM that he does not see the PREVAIL Act – the Patent Trial and Appeal Board reform legislation – harming generic drug companies “because they don’t use the PTAB that much.”
Crumbley suggested that the bill’s primary target would be high-volume petitioners, no matter the industry.
“Anecdotally, it’s Apple, Google and large tech companies that are the frequent users of the PTAB,” he said. “Generic drug companies simply don’t use IPRs [inter partes review] that much.”
