The Economics of Biosimilar Drugs and New Considerations in Intellectual Property and Antitrust Litigation

Public Domain: The Newsletter of the ABA Section of Antitrust Law’s Intellectual Property Committee, July 2018

While intellectual property and antitrust litigation involving pharmaceuticals has long been widespread in the US, the recent emergence of biosimilar drugs has raised a number of questions around how this litigation will evolve. To address this topic, Analysis Group Principal Richard Mortimer and Vice President Brian Ellman published an article titled, “The Economics of Biosimilar Drugs and New Considerations in Intellectual Property and Antitrust Litigation,” in Public Domain: The Newsletter of the ABA Section of Antitrust Law's Intellectual Property Committee.

The authors discuss the key differences between biosimilar and generic drugs that distinguish their economics, and which are likely to result in differences in the nature of competition and litigation surrounding biosimilar drugs. Additionally, they delve into economic considerations relevant to the wide range of issues and outcomes that will likely affect litigation involving biosimilars, such as at-risk biosimilar entry, preliminary injunctions, patent litigation settlements, and alleged anticompetitive conduct. 

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Authors

Mortimer REllman B