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Receipt of Notice That a Patent Infringement Complaint Was Filed Against a Biosimilar Applicant

The Food and Drug Administration (FDA) is publishing notice that an applicant for a proposed biosimilar product notified FDA that a patent infringement action was filed in conne...

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Department of Health and Human Services
Food and Drug Administration
  1. [Docket No. FDA-2015-N-2489]

AGENCY:

Food and Drug Administration, HHS.

ACTION:

Notice.

( printed page 36150)

SUMMARY:

The Food and Drug Administration (FDA) is publishing notice that an applicant for a proposed biosimilar product notified FDA that a patent infringement action was filed in connection with the applicant's biologics license application (BLA). Under the Public Health Service Act (PHS Act), an applicant for a proposed biosimilar product or interchangeable product must notify FDA within 30 days after the applicant was served with a complaint in a patent infringement action described under the PHS Act. FDA is required to publish notice of the complaint in the Federal Register .

FOR FURTHER INFORMATION CONTACT:

Daniel Orr, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6246, Silver Spring, MD 20993-0002, 240-402-0979, .

SUPPLEMENTARY INFORMATION:

The Biologics Price Competition and Innovation Act of 2009 (BPCI Act) was enacted as part of the Patient Protection and Affordable Care Act (Pub. L. 111-148) on March 23, 2010. The BPCI Act amended the PHS Act and created an abbreviated licensure pathway for biological products shown to be biosimilar to, or interchangeable with, an FDA-licensed biological reference product. Section 351(k) of the PHS Act (42 U.S.C. 262(k)), added by the BPCI Act, describes the requirements for a BLA for a proposed biosimilar product or a proposed interchangeable product (351(k) BLA). Section 351(l) of the PHS Act, also added by the BPCI Act, describes certain procedures for exchanging patent information and resolving patent disputes between a 351(k) BLA applicant and the holder of the BLA reference product. If a 351(k) applicant is served with a complaint for a patent infringement described in section 351(l)(6) of the PHS Act, the applicant is required to provide FDA with notice and a copy of the complaint within 30 days of service. FDA is required to publish notice of a complaint received under section 351(l)(6)(C) of the PHS Act in the Federal Register .

FDA received notice of the following complaint under section 351(l)(6)(C) of the PHS Act: Amgen, Inc., et al. v. Coherus Biosciences, Inc., 17-cv-00546 (D. Del., filed May 10, 2017).

FDA has only a ministerial role in publishing notice of a complaint received under section 351(l)(6)(C) of the PHS Act and does not perform a substantive review of the complaint.

Dated: July 31, 2017.

Anna K. Abram,

Deputy Commissioner for Policy, Planning, Legislation, and Analysis.

[FR Doc. 2017-16380 Filed 8-2-17; 8:45 am]

BILLING CODE 4164-01-P

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82 FR 36149

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“Receipt of Notice That a Patent Infringement Complaint Was Filed Against a Biosimilar Applicant,” thefederalregister.org (August 3, 2017), https://thefederalregister.org/documents/2017-16380/receipt-of-notice-that-a-patent-infringement-complaint-was-filed-against-a-biosimilar-applicant.