The FTC's new set of letters challenging patents listed in the Orange Book

 The FTC has sent out a new set of letters (dated April 30, 2024) to pharmaceutical companies in which the agency is challenging the eligibility of certain patents for listing in the FDA’s Orange Book.

If you are interested in an easy way of reviewing these newly challenged patents (of which there are 125), I have created Orange Book Companion-style pages to do just that. In those custom pages each patent number is a link to the text of the challenged patent at the USPTO. Just go to the public Orange Book Companion home page ( and look for the section entitled “Patents disputed by the Federal Trade Commission.”

There are two links in that section. One link will take you to the products that had one or more patents that were the subject of the FTC’s letters dated November 7, 2023. The other link will take you to the products that have one or more listed patents that are the subject of the FTC’s most recent letters.

Clicking on the name of the product will take you to a list of the challenged patents for that product. Each patent number is a link to the patent at the USPTO. By reviewing the patent’s claims you can judge for yourself if the FTC is correct in concluding that the patent is not eligible for listing in the Orange Book.

Following the FTC’s challenge letters dated November 7, 2023, several companies delisted one or more of their challenged patents. It will be interesting to see if the April 30 letters will similarly cause companies to delist patents. Stay tuned!


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