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Biologics and Biosimilars Landscape: IP, Policy, and Market Developments

In this review, we discuss the most important recent developments in the biosimilars space, including new biosimilar approvals and launches, litigation under the Biologics Price Competition and Innovation Act (BPCIA),...more

Biosimilars 2022 Year in Review

2022 heralded the next chapter for biosimilars in the United States, including U.S. Food and Drug Administration approval of biosimilars in new therapeutic areas, additional interchangeable designations, and litigation...more

Biosimilars 2021 Year in Review

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. The biosimilar market also...more

Preserving Trade Secrets at District Court Hearings and Trials

Trade secret owners who decide to enforce their rights in court must demonstrate that they took reasonable measures to protect their trade secrets. Frequently, however, trade secret owners enforcing their rights are required...more

Biosimilars 2020 Year in Review

Introduction - The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since...more

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

First Circuit Finds Device Patent Improperly Listed in the Orange Book

In February 2020, the U.S. Court of Appeals for the First Circuit found that Sanofi improperly listed U.S. Patent No. 8,556,864 (“the ’864 patent”)—which claims aspects of a drive mechanism of the Lantus® SoloSTAR® insulin...more

Introduction to Biologics and Biosimilars

Biologics are a fast-growing class of therapeutic compounds. In the United States, patent litigation between biologic manufacturers and biosimilar applicants occurs under the Biologics Price Competition and Innovation Act...more

Patent Local Rules: Knowing Them Well Can Make Litigating Your Case Smoother

Federal district courts throughout the country have enacted “patent local rules” that streamline how patent cases are litigated.  Here we provide a brief description of what they are, how they are applied, and some reasons...more

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

Massachusetts Patent Litigation Wrap Up – August 2019

This post is a part of a monthly series summarizing notable activity in patent litigation in the District of Massachusetts, including short summaries of substantive orders. Brigham & Women’s Hospital, Inc. v. Perrigo Co., No....more

The Doctrine of Equivalents in BPCIA Litigation

As of the end of 2019, reference product sponsors (“RPSs”) have filed dozens of patent infringement cases against biosimilar manufacturers under the Biologics Price Competition and Innovation Act (“BPCIA”). The doctrine of...more

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