Sal Patel, JD: Settlements That End Patent Litigation

Sal Patel, JD, partner at Schiff Hardin, LLP, explains why he expects to see more settlements between drug manufacturers in the future.


Recently, a biosimilar developer settled with AbbVie to end patent litigation over Humira. Do you think we’ll see more settlements like this in the future?

Absolutely. I think just as we see in Hatch-Waxman cases, I think there will be creative settlements that will be employed to end the uncertainty and the cost of the [Biologics Price Competition and Innovation Act, BPCIA] litigation, which I anticipate is going to be much higher than what we see with Hatch-Waxman litigation.