"Not So Different": What's Holding Back Biosimilars? It May Not Be Pay-for-Delay Deals

June 23, 2019

While pay-for-delay issues have been big news on Capitol Hill recently, some experts have questions about whether these kinds of settlements are really at the heart of delayed biosimilar competition, and they offer alternative ways to think about—and to fix—the problem. This week on the podcast, we’re speaking with 2 such experts, Imron Aly, JD, and Joel Wallace, JD. Both are partners at Schiff Hardin LLP and have extensive experience with Hatch-Waxman and biosimilars intellectual property issues.

Those who follow the biosimilars space closely will be increasingly familiar with the term “pay-for-delay” as it’s used to describe patent litigation settlements between brand-name drug makers and competitors that involve compensating generic or biosimilar developers to keep their products off the market.

These kinds of settlements have been the object of increased congressional interest in recent months, but while pay-for-delay issues have been big news on Capitol Hill, some experts have questions about whether these kinds of settlements are really at the heart of delayed biosimilar competition, and they offer alternative ways to think about—and to fix—the problem. This week on the podcast, we’re speaking with 2 such experts, Imron Aly, JD, and Joel Wallace, JD. Both are partners at Schiff Hardin LLP and have extensive experience with Hatch-Waxman and biosimilars intellectual property issues.

To read more about the Federal Trade Commission report referenced in this episode, click here. You can also read more from Aly and Wallace at The Center for Biosimilars®.

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