Cozen O’Connor: Kerry McTigue Argues That Biosimilar Notice Rule Is Not Absolute

Kerry McTigue Argues That Biosimilar Notice Rule Is Not Absolute

Monday, April 4, 2016

Kerry McTigue, co-chair of Cozen O’Connor’s Intellectual Property department, urged a Federal Circuit panel to reverse a lower court’s decision that biosimilar makers must always provide 180-day advance notice of sales to brand-name rivals. Kerry’s oral argument was discussed in a Law360 article on Amgen Inc. v. Apotex Inc. Kerry said that, “The BPCIA was a carefully crafted congressional statute … It created a framework with choices. To rule otherwise would be to render superfluous another provision of the statute allowing brand-name drug makers, but not biosimilar makers, to file so-called declaratory judgement actions if notice is not given.”

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Contacts

Kerry B. McTigue

Co-Chair, Intellectual Property Department

kmctigue@cozen.com

(202) 912-4810

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