Emerging Trends and Litigation Strategies for the Global Biologic and Biosimilar Landscape
Nikolai Seltoft
Director
Plesner
Marleen van den Horst
Specialist IP & Technology
La Gro Geelkerken Advocaten
James Horgan
Assistant Managing Counsel
Merck Sharp & Dohme (UK) Ltd.
This session focuses on the dynamic global landscape of biosimilars and biologics, highlighting the latest trends, challenges, and strategies in patent litigation. Topics of discussion include:
- Highlighting the most important cases of the year, including Amgen v Sanofi, underscoring the need for jurisdiction-specific strategies in patent litigation across key markets like the US, Europe, Japan, and Australia
- Understanding the U.S. Supreme Court’s decision
- Dissecting the initial win for Amgen in Europe
- Contrasting the decisions by the Japanese IP High Court
- Reviewing Amgen’s success in Australia
- Outlining the increasing trend of using global litigation to negotiate settlements and how this shapes broader strategic approaches in the biosimilars market
- Examining how the ‘patent dance’ in biosimilar approval pathways influences litigation timing and strategic choices for biosimilar applicants
- Exploring the interplay of IPRs, PGRs, and BPCIA in the US, and their role in the early resolution of patent disputes before market entry of biosimilars