Cozen O’Connor: Fed. Circ. Looks At Early Statements In Neulasta Patent Row

Fed. Circ. Looks At Early Statements In Neulasta Patent Row

Barry Golob, a member of Cozen O'Connor's Intellectual Property department, discusses the Neulasta patent row in Law360. Barry noted the U.S. Supreme Court has said the patent dance is optional, and questioned how a biosimilar maker could be bound to something it said early in the process. "If this court was to say that those letters binding admissions, it would chill the entire process," he said. "Everybody would look at this and say, 'There's no way I'm going to do this optional situation and be bound by this before I take discovery, before claim construction, before anything like that happens.'"

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Barry P. Golob

Co-Chair, Intellectual Property Litigation

bgolob@cozen.com

(202) 912-4815


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