Workshop B – International Biosimilars Think Tank: Exploring the Biosimilar Landscape in the U.S. and Europe

Oct 14, 2019 1:00pm - 4:00pm



Dominic Adair
Bristows LLP (U.K)

Brian Coggio
Of Counsel
Fish & Richardson (U.S.)

Sharada Devarasetty
Head of Patents Biopharmaceuticals
Hexal AG (Germany)

Alastair Sayce
Head of Biologics IP
Teva Pharmaceuticals (Switzerland)

What is it about?

Part 1 – Exploring the U.S. Biologics Price Competition Innovation Act (BPCIA)

Introduction to the Biosimilars Landscape in the U.S.

The Biologics Price Competition and Innovation Act (BPCIA) provides an abbreviated pathway for companies to bring biologic drugs to market that are biosimilar to previously approved branded reference products by relying on clinical studies that were performed by the reference product sponsor (RPS)

  • Discovering how the Biologics Price Competition Innovation Act (BPCIA) works
  • Examining the FDA’s current approach for establishing interchangeability relative to European practices

District Court v. PTAB Filing IPRs and Traditional Litigation: Timing, Risks and Stays

In the U.S., biosimilar patent cases are litigated in the United States District Courts as well as the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board.

Unlike traditional District Court litigation in the U.S., the PTAB offers a patent challenge resolution mechanism known as inter partes review or IPR. IPRs offer biosimilar and generic drug manufacturers the benefit of challenging innovator patents with comparative haste and efficiency to traditional District Court litigation.

  • Analysing recent District Court decisions
    • The Sandoz decision and its progeny
  • Understanding the advantages for applicants to resolve prior art invalidity disputes via IPRs
  • Appreciating the timing for applicants to file petitions for IPRs relative to filing BLAs and BPCIA litigation
  • Reducing risk by challenging patents in advance of launching biosimilars at risk

Part 2 – European Biosimilar Update and Strategic Considerations

  • Deep dive case examination for biosimilar litigation:
    • Fujifilm Kyowa Kirin Biologics and Samsung Bioespsis UK vs AbbVie
    • Genentech vs Pfizer
  • How to leverage settlements in the U.S. and Europe
  • Strategic differences between U.S. and Europe when launching a biosimilar product

Part 3 – Mock Scenario

In this mock exercise, we will take the position of a European pharmaceutical manufacturer seeking to launch a biosimilar product in the U.S. We will take you through the steps for preparation and examine:

  • Costs
  • Pros and cons of avoiding the patent dance
  • Timings
  • Litigation challenges