FDA Biosimilar Approval Foreshadows IP Litigation Issues

By Sean Sheridan and Archan Ruparel (September 15, 2021, 4:38 PM EDT) -- In July 2021, the U.S. Food and Drug Administration granted a determination of interchangeability to a biosimilar drug for the first time.[1]

This approval has raised expectations for the potential of biosimilars to lower the costs of biologic drugs as it is expected to be permitted to be substituted for the reference product at the pharmacy.[2]

Collectively, sales of biologics, including biosimilars, have grown substantially in the past several years.

As of 2018, biologics accounted for 36% of all prescription drug spending in the U.S.[3] As the U.S. biologics marketplace continues to evolve, it will be important for both branded biologic...

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