Partner Aydin Harston was quoted in an IAM article entitled “Biosimilars IP playbook is being re-written by the rise of interchangeables,” on Thursday, October 28, 2021.
IP strategies will have to be revisited as interchangeables alter the biologics market.
“The rise of interchangeability will also increase the importance of biosimilar-versus-biosimilar IP strategy,” argues Aydin. “It makes it even more important for biosimilar makers to carve out their own IP positions and to cover as much of the space as they can, whether it be formulation claims, methods of production, methods of purification, stability enhancement and delivery devices,” he says.
“There may be increased litigation between the biosimilar competitors as they fight over a smaller share of the market with a large share of the market being met by the brand and the interchangeable products,” Aydin believes. “An arsenal of IP may make it easier to settle such litigations with cross-licences, whereas a biosimilar maker without any IP who is accused of infringing another biosimilar maker’s IP will be in a difficult position.”
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