Welcome to the Big Molecule Watch!

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Goodwin’s award-winning Big Molecule Watch is the best resource for daily updates and analyses of regulatory issues, litigation, legislation, and other news in the world of biologics, biosimilars and related technologies. The editors of this blog have collectively been watching and engaging with the world of biologics and biosimilars (“big molecules”) since before the inception of the biosimilar industry in the U.S.  With extensive experience representing clients at all stages of a biologic’s or biosimilar’s lifecycle, from research and development, to patents, to regulatory application and approval, and through litigation and appeals, we are excited to share our observations and insights as the industry and the law continues to develop in this exciting area.

This blog focuses on “big molecules” as opposed to “small molecules.” Small molecule drugs have low molecular weight, a simple and well-defined structure, and are chemically synthesized. In contrast, “big molecule” drugs have high molecular weight, complex structures, and are derived from living organisms. For example, aspirin is small molecule while a monoclonal antibody is a big molecule. For further reading on big molecules, consider FDA's resources on biologics.

Merck Receives Tentative FDA Approval for Lantus Follow-On

gloved hand withdraws drug solution with syringe

On July 20, 2017, Merck & Co. announced that the FDA granted tentative approval of its 505(b)(2) application for Lusduna™ Nexvue™ (insulin glargine injection), its follow-on version of Sanofi SA’s Lantus. Merck’s product reportedly met all of the required regulatory standards. According to Merck, however, final FDA approval is subject to…

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CMS Considers New Billing Code Policy for Biosimilars

Last week, the Centers for Medicare & Medicaid Services (“CMS”) issued a proposed rule regarding payment policies.  Among other things, the proposed rule included a request for comment on the policy for biosimilar reimbursement.  A fact sheet prepared by CMS explains that the existing policy, finalized in 2016, provided that…

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FDA Committee Recommends Approval of Bevacizumab and Trastuzumab Biosimilars

The FDA Oncologic Drugs Advisory Committee (ODAC) unanimously supported biosimilar versions of Roche’s cancer drugs Avastin (bevacizumab) and Herceptin (trastuzumab). Amgen and Allergan’s Avastin biosimilar candidate, ABP 215, was reviewed for six of eight of Avastin’s indications. Mylan and Biocon’s Herceptin biosimilar candidate, MYL-1401O, was reviewed for all of Herceptin’s indications….

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Bioverativ Files Itc Complaint Against Csl’s Idelvion® Alongside District Court Infringement Suit

In an earlier post, we discussed the recent rise in Section 337 proceedings against pharmaceutical products and medical devices at the International Trade Commission.  Last week, Bioverativ, which markets the recombinant Factor IX product, Alprolix®, filed a Section 337 complaint against importation of CSL’s Factor IX product, Idelvion®, alongside a patent…

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Hospira Opposes Amgen’s PI Motion in Amgen v. Hospira

On July 6, 2017, Hospira filed a publically available redacted version of its brief responding to Amgen’s motion for a preliminary injunction (PI).  As we previously reported, following the Supreme Court’s decision in Sandoz v. Amgen, Amgen filed a revised brief in support of its PI motion.  Amgen argued that Hospira’s…

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EMA Issues Statement of Non-Compliance for Biocon’s Biosimilar Manufacturing Facility

As we’ve posted here, Biocon and Mylan are jointly developing a portfolio of biosimilars, and they have filed applications for marketing authorization in the European Union for three biosimilar products: Fulphila (Pegfilgrastim), Ogivri (Trastuzumab), and Semglee (Insulin Glargine).  The French National Agency for Medicines and Health Products Safety (ANSM), on…

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Review Article Supports Interchangeability of Infliximab and CT-P13

BioSimilars Patent Dance

Last week, an article reviewing the literature comparing infliximab biosimilar CT-P13 (Celltrion) with infliximab (Janssen Biotech) for the treatment of rheumatologic diseases was published in Drug Design, Development and Therapy. Noting that many European specialists had reported having only a basic knowledge of biosimilars, the authors sought to critically analyze…

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PTAB Issues Additional Final Written Decisions Finding AbbVie's Humira Patent Unpatentable

On July 6, 2017, the PTAB issued two additional Final Written Decisions finding AbbVie’s U.S. Patent 8,889,135 (“the ‘135 patent”) unpatentable as obvious over the prior art.  The Final Written Decisions were issued in IPR2016-00408 and IPR2016-00409, both filed by Boehringer Ingelheim.  As we reported here, the ‘135 patent had previously been found unpatentable as…

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