Webinar – Managing Principal Richard Mortimer to Participate in Panel Discussion on Biosimilars 

Event:Biosimilars in the Antitrust Spotlight: Patent Litigation and Settlement
Date: October 4, 2018
Host:Intellectual Property Owners Association
Times:11:00 a.m.–12:00 p.m. (PT) / 2:00–3:00 p.m. (ET)

Managing Principal Richard A. Mortimer will join a panel discussion on biosimilars in the antitrust spotlight. This panel will focus on changes in biosimilar litigation since the US Supreme Court issued its landmark decision in FTC v. Actavis, finding that payments made by brand name drug companies to generic manufacturers in patent settlements can raise antitrust concerns. To date, the ongoing litigation stemming from that decision has been limited to the small-molecule drugs governed by the Hatch-Waxman regulatory scheme. Many believe that the Food and Drug Administration (FDA) has set down a pro-competition gauntlet regarding large molecule biologic drugs governed by the Biologics Price Competition and Innovation Act of 2009 (BPCI Act) – and that the Federal Trade Commission (FTC) is not far behind.

The panel, including a life sciences litigator and an antitrust attorney, will address:

  • The likely shape of settlements in patent litigation between innovator biologic companies and biosimilar aspirants
  • The future of non-cash forms of compensation, in light of FTC challenges to a series of contemporaneous business deals including patent settlements
  • Whether “at-risk” entry is more or less likely than for traditional generic drugs, as multiple patents in biosimilar infringement litigation can be asserted in staggered waves over time.

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