Goodwin Procter

With 10 years of litigation since the first BPCIA complaint on NEUPOGEN (filgrastim) was filed in 2014, trends are becoming apparent that should cause all biopharma companies to reassess how they protect biologics and plan for biosimilar launch.
Webinar Highlights:

  • Patents Being Asserted: Learn which types of patents are being asserted to block biosimilar competition,

On March 5, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed the District Court for the Northern District of West Virginia’s entry of a preliminary injunction preventing Celltrion, Inc. (“Celltrion”) from launching CT-P42, its aflibercept biosimilar of EYLEA®.
As we have previously reported, the Federal Circuit recently affirmed a similar preliminary

On February 28, Amgen, Inc. (“Amgen”) filed three petitions for inter partes review, challenging the validity of all claims in three patents assigned to Bristol-Myers Squibb Co. (“BMS”).  The claims of all three patents are directed to methods of treating cancer with the combination of two checkpoint inhibitor immunotherapeutic antibodies, anti-PD-1 and anti-CTLA-4.
IPR2025-00601 challenges

On March 3, 2025, the FDA approved Celltrion’s denosumab biosimilars, STOBOCLO® (denosumab-bmwo; 60 mg/mL injection) and OSENVELT® (denosumab-bmwo; 70 mg/mL injection), referencing Amgen’s PROLIA® and XGEVA®, respectively.  These approvals make Celltrion the third company to receive FDA approval for a denosumab biosimilar, joining Samsung and Sandoz.
Denosumab is a RANK ligand (RANKL) inhibitor that

Inventions made in a particular country are generally first-filed in that country before entering the United States via a direct Paris Convention filing or, more commonly, a PCT national stage entry. Convenience, national pride, and foreign filing license laws encourage such home country first-filings.
It is well known that the U.S. biosimilar market has developed