Whether Inter Partes Reviews Are Constitutional Or Not, The Biosimilar Patent Dance Must Go On

As of January 2018, the Food and Drug Administration (FDA) has approved nine biosimilars—highly similar copies of expensive biologic drugs used to treat cancer and other rare diseases—but only three are commercially available in the United States. Five are mired in patent litigation or subject to patent infringement risks. We believe that biosimilars should be more readily available so that patients may have access to lower-cost options.

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