Partner Kevin Nelson was quoted on how a recent case may enhance the use of antitrust litigation as a more effective tool to help stifle the use of patent thickets that keep biosimilar drugs off the market.
Kevin said that, instead of changing current patent law, antitrust cases may “have the potential to change or modify business practices.”
“If you want to see less of these evergreening situations, it’s probably not going to come from changing the patent laws,” he said. “Tweaking the patent laws might help, but you know you don’t want to stifle creativity, you don’t want to stifle innovation, so you don’t want to change your patent laws too much. But when the patent law is abused or potentially abused, that’s the way that we can curb these activities.”