New Patent Litigation Playbook For Products Switching To Biologics

Innovators are losing the protections of ANDA litigation as their products transition from drugs to biologics; both sides in patent disputes will now adopt different strategies.

Transition word on a road sign to illustrate change, improvement or a new way or direction
Transition of insulin and other protein products to biologics will impact patent litigation strategies.

Manufacturers of protein products will have to follow new rules of the road with the regulatory transition of their drugs to biological products on 23 March. One big impact of the change will be on how innovator companies and their would-be competitors navigate patent disputes.

Sponsors of protein product have been following the procedures of Hatch-Waxman litigation and must now use the procedures for biosimilars...

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