The Patent Cliff Is a Myth. What Actually Happens Is a Patent Staircase, and Most Models Miss the Steps
In March 2022, the first generic version of Bristol Myers Squibb’s cancer drug Revlimid reached U.S. pharmacies. It launched at […]
The Blockbuster’s Real Patent Is the Weak One Nobody Challenged
GSK’s Advair lost its core patent in 2010. Fourteen years later the inhaler was still bringing in £863 million —
The Blockbuster’s Real Patent Is the Weak One Nobody Challenged Read Post »
Strong IP Doesn’t Win in Court. Enforceable IP Does.
In May 2023, the Supreme Court unanimously threw out two Amgen patents that, on their face, covered every antibody that
Strong IP Doesn’t Win in Court. Enforceable IP Does. Read Post »
Stop Calling It “Loss of Exclusivity” — For Most Drugs, It’s Loss of Pricing Power, Not Loss of Revenue
Nine months after Humira lost U.S. exclusivity, biosimilars held four percent of the market. AbbVie’s Humira still controlled ninety-six percent
The Prior Art Edge: Why Search Quality Beats Legal Firepower in Drug Patent Litigation
In 2023, Mylan filed an inter partes review against Novo Nordisk’s U.S. Patent No. 8,536,122, the compound patent covering semaglutide,
The Prior Art Edge: Why Search Quality Beats Legal Firepower in Drug Patent Litigation Read Post »
The Authorized Generic That Beats the Patent Cliff to Market
On November 30, 2011, Ranbaxy Laboratories was supposed to be the only company selling a generic version of Lipitor. It
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The Gap Between a Defensible Drug Patent and a Listed Patent Is Bigger Than Most Portfolios Admit
The Short Answer A patent’s presence in the FDA Orange Book proves it was submitted and accepted for listing. It
One Day Late, Nine Figures Short: What Being the Second First-to-File Actually Costs
The Short Answer: Under FDA’s interpretation of the Hatch-Waxman Act, “first applicant” status on a Paragraph IV certification is determined
One Day Late, Nine Figures Short: What Being the Second First-to-File Actually Costs Read Post »
The Three-Year Head Start: How to Spot a Skinny-Label Opportunity Before Anyone Else Reads the Patent
In March 2002, Teva filed an ANDA for generic carvedilol targeting a patent that would not expire for five more
