Arent Fox partner  Richard Berman was recently interviewed by IP Law 360 for an article on how generic drug makers challenge patents held on “blockbuster medications” by brand name drug manufacturers.

The article, titled “The Best and Worst Patents For Generics to Fight,” ranks the patents that attorneys deem to be the easiest and most difficult to take on when preparing to launch a generic medication.

Rich told IP Law 360 that “formulation patents” make the best targets for generic companies that are battling brand name drug makers for market share, while “compound patents” can pose the toughest battles.

Discussing formulation patents, Rich said, “These are the easiest to challenge because it's one of the only patents where you can have a legitimate noninfringement claim.There are always ways to design a product that doesn't use that formulation. It provides the opportunity for a creative chemist to work around the patent.”

Conversely, Rich said, “When challenging a compound patent, there's really no way you can have a noninfringement claim.”

To read the full IP Law 360 article,  please click here.