On April 11, 2019, in Novartis Pharmaceuticals Corp. v. Par Pharmaceutical Inc., a Hatch-Waxman case concerning the small-molecule drug Zortress® (everolimus), Judge Andrews of the District of Delaware ruled that IPR estoppel could apply on remand to the District Court even after a trial on the issue of invalidity had been…
Magistrate Judge Lloret of the District of Delaware recently issued two discovery rulings in the ongoing AbbVie v. Boehringer Ingelheim (“BI”) litigation. Grant of BI’s Motion To Compel Production Of Pre-litigation Disclosures and Settlement Agreements In an opinion issued on April 11, 2019, the court granted BI’s motion to compel production…
Last week, Sandoz announced the resubmission of its Biologics License Application (“BLA”) for its proposed biosimilar to Neulasta® (pegfilgrastim). The resubmission is to address an FDA complete response letter that Sandoz received in June 2016. According to the press release, the resubmission includes new data from a pivotal pharmacokinetics/pharmacodynamics study. The study compared: …
Last week, the district court in Amgen v. Apotex (No. 18-61828) (S.D. Fla.) denied Apotex’s motion to dismiss Amgen’s complaint in a follow-on suit concerning Apotex’s pegfilgrastim and filgrastim biosimilar candidates. By way of background, Amgen and Apotex have been involved in multiple patent lawsuits regarding Apotex’s pegfilgrastim and filgrastim biosimilars…
On April 5, 2019, Genentech filed patent infringement and declaratory judgment complaint against Pfizer in the District of Delaware in response to Pfizer’s submission of an aBLA seeking U.S. FDA approval of a biosimilar of Avastin® (bevacizumab). In the complaint, Genentech alleges infringement of 22 patents, out of a total…
The FDA has announced that it will hold a hearing to discuss affordability of and access to insulin products, including issues concerning the development of biosimilar and interchangeable insulin products. The hearing will cover scientific standards for evaluating biosimilarity and interchangeability of insulin products; other regulatory considerations, such as whether…
On April 3, 2019, the Board ordered review by the Precedential Opinion Panel (“POP”) of its decision denying institution in Hulu LLC v. Soundview Innovations LLC, IPR2018-01039, Paper No. 15 (December 3, 2018). Hulu requested rehearing of the decision arguing that the Board’s denial of institution conflicts with other Board…
Lupin recently announced approval in Japan to manufacture and sell an etanercept biosimilar, YLB113. YLB113 is approved to treat moderate to severe rheumatoid arthritis and juvenile idiopathic arthritis. YLB113 will be marketed in Japan by a joint venture between YL Biologics Limited and a Lupin subsidiary. This marks Lupin’s first…
According to a recent paper in The Lancet, a new phase 3 study shows that CT-P13, Celltrion and Pfizer’s infliximab biosimilar, is non-inferior to the reference biologic, REMICADE, for the treatment of Crohn’s disease. CT-P13 was approved by the European Commission under the trade name Remsima® in September 2013, and…
As we previously reported, in May 2017, the Competition and Markets Authority (CMA) in the United Kingdom reached a provisional conclusion that Merck Sharp & Dohme Limited (MSD) violated competition law through a discount pricing scheme for Remicade that was likely to restrict biosimilar competition. In March 2019, after considering…