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Post-Grant Review

Fish & Richardson Trademark & Copyright Thoughts

Counterclaims and post-grant review are deemed independent, leaving the third party free to pursue concurrent invalidity counterclaims and district court litigation regardless of timing. Also, post-grant review contemplates several litigation-like aspects, such as limited discovery, protective orders, and settlement.

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Biosimilars 2020 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. BPCIA Litigation. Antitrust Litigation. No earlier than July 31, 2023 per settlement.