Patent Challenges and Royalty Survival: Invalidation Risk, Contractual Defences, and the Royalty Investor's Dilemma
When a generic manufacturer files a Paragraph IV certification against an Orange Book-listed patent, or when a hedge fund petitions the PTAB for inter partes review of a composition-of-matter claim, the immediate question for every royalty holder in the capital stack is existential: does the royalty survive? The answer is