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2021 Post-Grant Report

Fish & Richardson Trademark & Copyright Thoughts

Spectrum Solutions LLC, JSR Corporation, and Fresenius Kabi USA LLC. Denials of institution – particularly the extent to which they are reviewable – have long been a contentious topic for the PTAB. Of the cases that reached an institution decision, 75% were instituted – the same percentage that were instituted in 2020.

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Biosimilars 2021 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

Stimufend ® (Fresenius Kabi). The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., SB8 (Samsung Bioepis).