Biosimilar Patent Litigation Bill Would Change BPCIA Strategy

Law360 (July 11, 2019, 12:54 PM EDT) -- At a hearing on June 27, 2019, the Senate Judiciary Committee passed four separate bills aimed at pharmaceutical competition and pricing issues. One of those bills, the Affordable Prescriptions for Patients Act of 2019 (S. 1416), limits the number of patents that can be raised in litigation under the Biologics Price Competition and Innovation Act of 2009.[1] Sen. John Cornyn, R-Texas, a cosponsor of the bill, stated that, with this legislation, biosimilar “competitors would be able to resolve patent issues faster and focus on those patents that really matter the most,” thereby resulting in “better competition and prices for patients.”[2]

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