Post-Grant Review May Impact Biosimilars Litigation

Marsha Rose Gillentine, Ph.D. and Rebecca Hammond recently authored an article for IP Law360 discussing post-grant review proceedings and how they may impact biosimilars litigation. The authors suggest that these proceedings could become a forum for companies not wishing to wait until filing their biosimilars applications to challenge the validity of relevant patents.

Dr. Gillentine and Ms. Hammond suggest that biosimilar applicants who pursue a post-grant review strategy will likely challenge a secondary patent filing, such as formulation, methods of use, or methods of manufacturing, rather than a patent directed to the drug molecule itself drug molecule itself.

To read the full article, please download the attached PDF.