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In Life Sciences IP Review Article, IP Litigators Address ITC as Potentially Powerful Forum for Biologics Patent Owners

Practices: Life Sciences, Intellectual Property, Intellectual Property Litigation, Patent Litigation, ITC Proceedings / Section 337, Patent Strategy, Litigation

Capital Insights.

Life sciences IP litigation partners Filko Prugo and Charlotte Jacobsen (both of New York), IP litigation counsel Matt Rizzolo (Washington, D.C.), and IP litigation associate Henry Huang (Silicon Valley) co-authored an Oct. 10 article published in Life Sciences IP Review examining the International Trade Commission as a forum for biologics patent owners and supplement to district court litigation.

The authors explain that for manufacturers of biologics and biosimilar drugs, complex statutes restrict the timing and control of patent litigation in district court. Patent owners who resort to ITC litigation can avoid certain obstacles in the Biologics Price Competition and Innovation Act. The authors address the barriers to ITC access for biosimilar litigation.

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