Emerging Trends and Litigation Strategies for the Global Biologic and Biosimilar Landscape

May 30, 2024 10:00am

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