Patent Dance Disclosures: Discovery During the Patent Dance and Beyond

December 2, 2020 | 12:00 PM - 1:00 PM


This webinar will cover strategies and considerations for discovery provided during pre-litigation disclosures under the BPCIA (the so-called “patent dance”) and in BPCIA litigation.  We will discuss the following topics:

  • Basic overview of disclosures made before litigation during the patent dance, including:
    • reference product’s disclosures of what patents it will assert against the biosimilar applicant (the “3A list”)
    • detailed statement regarding infringement and response to the biosimilar applicant’s detailed statement regarding invalidity or unenforceability (the “3C statement”)
    • biosimilar applicant’s detailed statement (the “3B statement”), list of patents it may assert (the “3B list”)
  • How courts have dealt with disputes regarding sufficiency of pre-litigation disclosures
  • How patent dance disclosures have been used later in BPCIA litigation and IPRs 
  • Special issues arising in discovery during BPCIA litigation