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How Biosimilars Are Approved and Litigated: Patent Dance Timeline

A biosimilar is a biological product that is highly similar to and has no clinically meaningful differences from an FDA-approved reference biological product. Biosimilar applicants have a number of choices to make on the path...more

Chief Judge Stark Dismisses Hatch-Waxman Case after Paragraph IV to Paragraph III Conversion

On June 26, 2020, Chief Judge Leonard Stark dismissed a Hatch-Waxman case without prejudice after Defendant Sandoz Inc. (“Sandoz”) converted its Paragraph IV certifications for certain asserted patents to Paragraph III...more

FDA Seeks to Modernize the Orange Book

This October, the U.S. Food and Drug Administration (FDA) will be celebrating its 40th anniversary of the “Orange Book” as a resource for consumers, health care professionals, drug developers, and Hatch-Waxman litigants.  ...more

Overview of Approaches to Compulsory Licensing

What is Compulsory Licensing? Typically, a patent owner has the right to exclude others from practicing its patent, such as making, using, selling, or importing patented inventions. That, however, does not mean the patent...more

5/22/2020  /  Compulsory Licenses , Patents

A Biosimilar’s Guide to the BPCIA Patent Dance: Five Key Questions for Every Biosimilar Applicant to Consider

The Biologics Price Competition and Innovation Act (BPCIA) was enacted in 2010 to provide an abbreviated regulatory pathway for biosimilars. One of the BPCIA’s key features is a patent dispute resolution process known as the...more

Increasing Competition in the Biologic Market Through Truthful Advertising

This past week, FTC and FDA have taken further steps to encourage robust biosimilar competition in 2020 and beyond, this time with a particular focus on truthful and non-misleading advertising....more

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