Steven Maslowski Speaks with MCC About Changes in Patent Law

Steven Maslowski, a partner in the intellectual property practice at Akin Gump, has been featured in the Metropolitan Corporate Counsel article “Changes in the Law Leave Litigators Dancing as Fast as They Can,” which notes that IP litigators have been sorting through various changes in the law, waiting for new guidance from the Food and Drug Administration, which they call the so-called patent dance.

The patent dance, according to the article, involves a complicated set of disclosures between branded biologic drug makers and companies seeking to market cheaper, biosimilar versions. Maslowski described how this plays out in practice and the type of advice given to clients because of it. He also noted that new legislation, including the Biologics Price Competition and Innovation Act, “has certainly spawned litigation in terms of trying to understand the procedures that have been defined by Congress.”

Maslowski cited several biosimilar litigation matters that could have big implications, including one from the U.S. Supreme Court, Amgen v. Sandoz. Others involve companies, such as Janssen Pharmaceuticals and Amgen. Maslowski then discussed President Trump’s pick to lead the Food and Drug Administration, Dr. Scott Gottlieb, and what his selection could mean for faster pharmaceutical innovation in general.

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