Follow-On Biologics: Is Your Patent Portfolio Ready?

Law360, New York (March 23, 2010, 11:26 AM EDT) -- In the late hours of March 21, 2010, the House of Representatives passed the Senate version of health insurance reform legislation, H.R. 3590[1], a bill which has generated enormous media coverage and publicity.

Far less publicized is the fact that a subtitle of H.R. 3590, the “Biologics Price Competition and Innovation Act of 2009,” creates the legal and regulatory framework for the approval of follow-on biologics (“FOBs”).

Some highlights of the legislation include: 1) creation of a patent information exchange regime prior to FOB patent litigation;...
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