How logically impossible patents block biosimilars

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How logically impossible patents block biosimilars"


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Deep patent portfolios help drugmakers block market entry by potential biosimilars, but many biologic patents logically cannot be valid barriers to competitive entry. Access through your


institution Buy or subscribe This is a preview of subscription content, access via your institution RELEVANT ARTICLES Open Access articles citing this article. * THE DIVISIONAL GAME: USING


PROCEDURAL RIGHTS TO IMPEDE GENERIC/BIOSIMILAR MARKET ENTRY * Katarina Foss-Solbrekk _IIC - International Review of Intellectual Property and Competition Law_ Open Access 04 August 2022


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FAQs * Contact customer support REFERENCES * Chen, B. K., Yang, Y. T. & Bennett, C. L. _Drugs_ 78, 1777–1781 (2018). Article  Google Scholar  * Biologic Patent Transparency Act, S.659


https://www.congress.gov/bill/116th-congress/senate-bill/659/text (2019). * Brennan, Z. Six lawsuits target AbbVie’s Humira and its patent thicket. _Regulatory Focus_


https://www.raps.org/news-and-articles/news-articles/2019/4/six-lawsuits-target-abbvies-humira-and-its-patent (2 April 2019). * _Metallizing Engineering Co. v. Kenyon Bearing & Auto


Parts Co_., 153 F.2d 516 (2d Cir. 1946). * 21 USC § 372(d). * 42 USC § 262(l). * Price, W. N. II & Rai, A. K. _Science_ 348, 188–189 (2015). Article  CAS  Google Scholar  * Kapczynski,


A. 59 UCLA L. Rev. 970 (2012). * Genentech files complaint against Pfizer regarding Herceptin. _Big Molecule Watch_


https://www.bigmoleculewatch.com/2017/11/21/genentech-files-complaint-against-pfizer-regarding-herceptin/ (21 November 2017). * Overpatented, overpriced: special Humira edition. _I-MAK_


http://www.i-mak.org/wp-content/uploads/2018/09/i-mak.humira.report.final_.0917.pdf (17 September 2018). Download references ACKNOWLEDGEMENTS The authors thank B. Potter and B. Wright for


research assistance. WNP’s work was supported by the Cook Fund at the University of Michigan Law School and the Novo Nordisk Foundation (NNF17SA0027784). AUTHOR INFORMATION AUTHORS AND


AFFILIATIONS * University of Michigan Law School, Ann Arbor, MI, USA W. Nicholson Price II * Centre for Advanced Studies in Biomedical Innovation Law, Copenhagen, Denmark W. Nicholson Price


II * Duke University Law School and Duke-Margolis Center for Health Policy, Durham, NC, USA Arti K. Rai Authors * W. Nicholson Price II View author publications You can also search for this


author inPubMed Google Scholar * Arti K. Rai View author publications You can also search for this author inPubMed Google Scholar CORRESPONDING AUTHOR Correspondence to W. Nicholson Price


II. ETHICS DECLARATIONS COMPETING INTERESTS The authors declare no competing interests. RIGHTS AND PERMISSIONS Reprints and permissions ABOUT THIS ARTICLE CITE THIS ARTICLE Price, W.N., Rai,


A.K. How logically impossible patents block biosimilars. _Nat Biotechnol_ 37, 862–863 (2019). https://doi.org/10.1038/s41587-019-0196-x Download citation * Published: 02 August 2019 * Issue


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