Biosimilars pathway safe after US Supreme Court upholds Obama healthcare

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Biosimilars pathway safe after US Supreme Court upholds Obama healthcare

The US Supreme Court has upheld so-called Obamacare, ensuring that the pathway for biosimilars included with the law will remain intact

The nation’s highest court today ruled critical parts of the Patient Protection and Affordable Care Act (PPACA) constitutional, and with it the Biologics Price Competition and Innovation Act (BPCIA) giving the FDA authority to approve biosimilars.

Had the PPACA been stricken in part or in its entirety, it would have presented obstacles to the BPCIA surviving in its present form. In particular, the US government has been critical of the 12-year data exclusivity period for innovators, calling for it to be shortened to seven years.

“We’ve avoided a protracted fight over new legislation in this area,” said Gerald Flattmann of Paul Hastings. “There could have been a multiyear delay in biosimilar approval.”

This was the best case scenario for the biologics industry, which feared that even had the BPCIA stayed intact while other provisions were deemed unconstitutional, it would have been difficult for it to have survived.

Still in question, however, is what the regulatory framework will ultimately look like.

“The FDA has provided very few tangibles or nuts and bolts considering what the approval process is going to look like and whether it will be much less onerous than the approval process already in place for innovator biologics,” Flattmann said.

But, he added: “We’re in better shape than we would have been had this portion of the law been stricken.”

more from across site and SHARED ros bottom lb

More from across our site

After months of speculation over his next move, former Texas patent judge Alan Albright has found a new home at the firm’s Austin office
Law firms can now participate in the research for the Managing IP Awards and IP STARS rankings
The firm has hired former Norton Rose Fulbright patent prosecution leader Ronak Kalhor-Witzel as it seeks to strengthen its position in high-value technology, UPC and international patent matters
The Dutch division is cementing its position as the UPC's primary alternative to Germany, with a consistent share of filings and growing market influence
Angela Dunning shares why it’s an exciting time to be practising at the intersection of AI and IP, where the law is actively being made
Junior lawyers aren’t unwilling to work hard, as some seniors believe; rather, they are rejecting traditional career advancement models that have limited payoff
Rebekah Gay discusses overcoming self-doubt, supporting the next generation of women lawyers, and how changing client demands are reshaping IP practice
New filing data suggests Germany's grip on UPC litigation remains strong, while Bardehle Pagenberg, Arnold Ruess, Hogan Lovells and Carpmaels notch up notable cases
In 27 years, KASS has expanded to seven countries in southeast Asia and is now eyeing further growth opportunities. Its CEO shares her perspective
Mine Güner discusses bridging law and business, taking the initiative, and why Taylor Swift helped put copyright on the map
Gift this article