Press Release February 22, 2021

Goodwin Releases Update To Its Comprehensive Guide To Biosimilars Litigation And Regulation In The U.S.

Global law firm Goodwin today announced the release of the 2020-2021 annual update to its definitive biosimilars treatise Guide to Biosimilars Litigation and Regulation in the U.S. The guide, first launched in 2019, is the industry’s first and leading compendium of the laws and regulations governing biosimilars in the U.S., and is authored by a multidisciplinary team of experts drawn from Goodwin’s Intellectual Property, Life Sciences, FDA, Products Litigation + Counseling, Antitrust + Competition, and Appellate Litigation practices. It is published by Thomson Reuters.

“Despite a slowdown in biosimilars litigation activity in 2020 and an active Supreme Court case that could nullify the Biologics Price Competition and Innovation Act, biosimilars will remain a critical component of U.S. healthcare landscape moving forward,” said Alexandra Valenti, Goodwin partner and senior editor of the guide.

The guide takes a deep dive into each section of the Biologics Price Competition and Innovation Act (BPCIA) and examines how the provisions of the statute and related regulations work in practice — at the FDA, in the courtroom, and before the U.S. Patent & Trademark Office. The guide also provides an overview of the latest legal and regulatory issues unique to biosimilar products, including new developments from the past year such as:

  • Litigation over antitrust claims challenging as anticompetitive AbbVie’s activities with regard to patent protection on its Humira product
  • The important role of the preliminary injunction proceedings in BPCIA litigation, and recent decisions in that context
  • The extent to which biosimilar manufacturers may be protected from patent infringement judgments by the safe harbor statute

The publication continues to serve as a leading resource for biosimilars companies seeking guidance on topics such as:

  • The “patent dance” pre-litigation mechanism for exchanging patent information and contentions
  • Issues of patent infringement, validity, and enforceability, and how they have been litigated in the biosimilars context
  • Antitrust claims regarding tactics used to allegedly halt or delay biosimilar competition
  • Potential product liability issues related to biosimilar products
  • Regulations and frequently-evolving FDA guidance applicable to applications to market biosimilar products

The Goodwin author includes Alexandra Valenti as senior editor, and contributors Christine Armellino, Beth Ashbridge, Naomi Birbach, Elaine Herrmann Blais, Jacqueline Genovese Bova, James Breen, Brian Burgess, Linnea Cipriano, Jane Cullis, Natasha Daughtrey, Kevin DeJong, Brian Drummond, Christopher Holding, Zachariah Holmes, William James, William Jay, Alexandra Lu, Daniel Margolis, Nicholas Mitrokostas, Elizabeth Mulkey, Emily Rapalino, Alison Siedor, Julie Tibbets, Steven Tjoe, Josh Weinger, Daryl Wiesen, Huiya Wu and Keith Zullow. Scott Lassman and Joshua Whitehill were guest contributors.

To purchase from Thomson Reuters, click here.

To keep up-to-date on legal developments in the biosimilars space, subscribe to our award-winning blog, Big Molecule Watch, or our companion blog, Big Molecule Watch China.