Biosimilar Patent Settlements: What Terms May Spur Antitrust Actions?
AbbVie's Humira settlements suggest issues that FTC will be scrutinizing, such as biosimilar entry date, royalty payments, and acceleration clauses.
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Legislation headed to President Trump would also ban pharmacy "gag" clauses.
Biosimilar Litigation Trends: Settlements, Declaratory Judgment Rejections, Congressional Intervention
Of the 27 suits brought so far, four have resulted in patent settlements; restarting patent dance is new trend for ongoing litigation.
Only 14 of the 170 brand-generic patent suit settlements in US during FY 2015 potentially involve payments to delay generics; number drops to 5 when payments for litigation fees are excluded.