Tamera M. Weisser

Equipped with her Ph.D. in immunology and her nearly 20 years’ experience in biologics global patent portfolio development and enforcement, Weisser successfully litigates in inter partes review proceedings.

Since the procedure was instituted in 2012, there’s been an upward trajectory of third parties filing these cases before the Patent Trial and Appeal Board, according to Weisser.

“IPRs are a cheaper and quicker way for third parties to come in and invalidate patents,” she said. “As more and more cases were being filed, it was easier for life sciences companies to get a sense of expectations, especially over the past couple years.”

In the past year, Weisser has defended AbbVie Biotechnology Ltd. against challengers looking to develop biosimilar versions of its autoimmune medication Humira.

Amgen Inc., Coherus BioSciences Inc. and Sandoz Inc. collectively brought eight inter partes review petitions against AbbVie, the last of which resolved in February 2018. In each of the eight cases, the board reviewed the likelihood the petitioner would prevail in trial and declined to institute inter partes review, thus avoiding full trial.

Historically, about 30 percent of cases receive full institution denials, according to Weisser.

In the most recent case brought by Sandoz challenging formulations of adalimumab, the antibody used in Humira, the board rejected the petitioner’s claim that the formulation was obvious and predictable. Sandoz Inc. v. AbbVie Biotechnology Ltd., IPR2017-00822 (PTAB, filed July 20, 2017).

Weisser, who co-leads Jones Day’s patent prosecution group, said the practice has been growing, with 18 hires in the last year. The firm has a pipeline program in which people with doctorates in the life sciences work full-time at the firm while attending law school.

“We get to train these folks for the four years that they’re in law school so by the time they come out they’re really able to hit the ground running,” she said.

— Erin Lee