December 01, 2020 Feature

Life Sciences at the ITC: Predictions and Considerations for Biosimilar Litigation

Hassen A. Sayeed and Patrick Nack-Lehman

©2020. Published in Landslide, Vol. 13, No. 2, November/December 2020, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

Non-life-sciences products have historically accounted for most disputes heard at the International Trade Commission (ITC).1 The increasing frequency of biologics litigation in the U.S., however, raises the possibility of an inflection point: the ITC may soon become a more popular alternative forum for life sciences. This article briefly explores some of the benefits and risks associated with litigating biologics cases in the ITC in comparison to district court. The article also reviews the utilization of the ITC as an alternative forum for traditional pharmaceutical (Hatch-Waxman) and trade secret litigation.

Premium Content For:
  • Intellectual Property Law Section
Join - Now