Biotech Values

[DewDiligence]

Re: FoB “patent dance”

This case overturns those [lower court] rulings and says NVS followed the correct approach after all.

I wouldn’t characterize NVS’ approach in the Zarxio case as the “correct” one, but rather the most practical way to preserve FoB trade secrets without breaking the law.

A fundamental problem with the 351(k) patent dance is that trade secrets disclosed by the FoB sponsor to the owner of the reference branded drug could end up in the possession of one or more FoB competitors.