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Ha Kung Wong: The Biosimilar Manufacturer's Approach to the Patent Dance
Ha Kung Wong, JD, partner at Fitzpatrick, Cella, Harper and Scinto, discusses how manufacturers now approach the "patent dance" in light of Sandoz v Amgen.
Transcript:
Have drug makers decided whether is it better for a biosimilar manufacturer to disclose more information upfront, or to abstain from the "patent dance" entirely?
I don’t think we can say that there has been any one consolidated or consistent decision among biosimilar manufacturers as a whole, as far as whether to engage in the patent dance or how far to proceed into it, as there are so many factors that go into the equation making each situation really unique.
However, we can use the data we have collected for BiologicsHQ to look at what has happened particularly since the Sandoz v Amgendecision last June though. Out of all the complaints filed related to proposed biosimilars of CDER-listed reference products, all but 2 of them have stated that the parties at least began the patent dance.
Only 2 of these complaints alleged that the biosimilar manufacturer refused to participate in the patent dance all together, and 1 of those noted that while the biosimilar manufacturer refused to participate in the patent dance, it did later provide access to its [Abbreviated Biologics License Application, aBLA] pursuant to an agreement, although not the patent dance provisions.
Therefore, we are seeing that overall biosimilar manufacturers, generally speaking, have been choosing to disclose at least some information up front. There have been a number of disputes over providing “other” information besides the aBLA and over how quickly and how completely biosimilar manufacturers have given over their aBLAs though.
In fact while most biosimilar manufacturers are providing their aBLAs, few have been willing to turn over all the “other” information about manufacturing the innovators have requested.
Eye on Pharma: Canadian Aflibercept Settlement; Sandoz Acquires Cimerli; Payer Chooses Cyltezo
March 6th 2024Biocon Biologics settled with the maker of Eylea (aflibercept), announcing a launch date for its biosimilar competitor in Canada; Sandoz has officially acquired Cimerli, a ranibizumab biosimilar; AARP Medicare Rx from United Healthcare has added Cyltezo (adalimumab-adbm) and removed the originator (Humira) from its formulary.
Decoding the Patent Puzzle: Navigating the Legal Landscape of Biosimilars
March 17th 2024On this episode of Not So Different, Ha Kung Wong, JD, an intellectual patent attorney and partner at Venable LLP, details the confusing landscape that is the US patent system and how it can be improved to help companies overcome barriers to biosimilar competition.
Patient With MS Sues J&J Over ERISA Violation
February 14th 2024After a patient with multiple sclerosis (MS) was forced to pay exorbitant out-of-pocket costs for a brand name medication when she could’ve gotten a generic for way less, the patient filed a class action complaint against her employer, Johnson & Johnson (J&J), for violating the Employee Retirement Income Security Act of 1974 (ERISA).
Exploring the Biosimilar Horizon: Julie Reed's Predictions for 2024
February 18th 2024On this episode of Not So Different, Julie Reed, executive director of the Biosimilars Forum, returns to discuss her predictions for the biosimilar industry for 2024 and beyond as well as the impact that the Forum's 4 new members will have on the organization's mission.
Q&A With Dr Chelsee Jensen: Navigating FDA Approvals, Challenges in the Biosimilar Landscape
January 14th 2024Chelsee Jensen, PharmD, BCPS, senior pharmacy specialist and pharmaceutical formulary manager at Mayo Clinic, reacts to the biggest FDA approvals of 2023 and how she sees the adalimumab, natalizumab, and tocilizumab spaces playing out.
Eye on Pharma: Fresh Biosimilar Lawsuits; FDA to Review Ustekinumab, Denosumab Biosimilars
January 11th 2024As Regeneron gears up for a legal battle with biosimilar competitors for its reference aflibercept, CareFirst files a lawsuit against Johnson & Johnson for restricting biosimilar ustekinumab competition; Celltrion and Accord BioPharma file with the FDA to approve their respective biosimilar candidates.
