Thursday, 14 December 2017

VPATAPP Alert_The 2018 biosimilar litigation landscape: A primer


By Michael Cottler, Joshua Whitehill, Alison Siedor

The 2010 Biologics Price Competition and Innovation Act (BPCIA), enacted as part of the Affordable Care Act, set up an abbreviated biosimilar regulatory pathway and a unique litigation framework for resolving related patent disputes. While regulatory and litigation activity for biosimilars began as a trickle — with the first patent case filed in 2014 and first Food and Drug Administration approval in 2015 — it has steadily increased each year.  Today there are nine FDA-approved biosimilars, including three on the market, and more active BPCIA litigations.  This year saw numerous new complaints about the law, five new FDA approvals, another biosimilar launch, the first U.S. Supreme Court decision concerning on the topic, the first jury trial and damages award in a biosimilar case, and other significant activity. 


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