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Proactive Brand Protection Strategies For Pharma Innovators

Law360, New York (December 4, 2017, 6:59 PM EST) -- Chinese philosopher, general and military strategist Sun Tzu once said “[k]nowing the enemy enables you to take the offensive, knowing yourself enables you to stand on the defensive.” Given the enormous resources it takes for the brand name pharmaceutical manufacturer to successfully bring a drug to market, coupled with the incentives for generic manufacturers to methodically and strategically plot entry into that same market, Sun Tzu’s words ring increasingly true for innovator drug companies.

Brand name drug manufacturers are painfully aware that at some point after U.S. Food and Drug Administration approval of most products they will likely face generic challengers by virtue...

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