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The Economics of Biosimilar Drugs and New Considerations in Intellectual Property and Antitrust Litigation

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While antitrust and intellectual property litigation involving pharmaceuticals has long been widespread in the US, the recent emergence of biosimilar drugs has raised a number of questions around how this litigation will evolve. To address this topic, Analysis Group Managing Principal Richard Mortimer and Vice President Brian Ellman published an article titled, “The Economics of Biosimilar Drugs and New Considerations in Intellectual Property and Antitrust Litigation,” in Public Domain: The Newsletter of the ABA Section of Antitrust Law’s Intellectual Property Committee. The authors discuss the key differences between biosimilar and generic drugs that distinguish their economics, and which are likely to result in differences in the nature of competition and litigation surrounding biosimilar drugs. Additionally, they delve into economic considerations relevant to the wide range of issues and outcomes that will likely affect litigation involving biosimilars, such as alleged anticompetitive conduct, at-risk biosimilar entry, and preliminary injunctions.