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

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

Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Sponsored by CAS
CAS provides practical pointers on how intellectual property and R&D teams can work in tandem to unlock tangible benefits and avoid wasted spend
Sponsored by CAS
CAS explores how AI is transforming intellectual property, from inventorship and copyright disputes to new demands on patent attorneys
Sponsored by That.Legal
Gillian Tan of That.Legal discusses a recent decision by the Intellectual Property Office of Singapore and what it reveals about the evidential burden in bad-faith trademark claims
Attorneys at Di Blasi, Parente & Associados share how the protection of trade secrets strengthens innovation by bringing together legal practice, regulatory developments, and established international references
Jin Ooi, who joins as a partner today, said he is excited to offer a ‘rounded’ IP service as the firm deepens its litigation expertise in the UK and Europe
As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
A team from Cooley shares how they overturned a massive damages award by emphasising that the opposing company’s trade secrets claims were time-barred
Sponsored by Licks Attorneys
Eduardo Hallak, Rafaella Oliveira, and Laís Souza of Licks Attorneys explain how the provision operates in practice, highlighting evidential hurdles and best practices for patent applicants
Sponsored by Liu, Shen & Associates
Chunyu Cui and Ziqing Wu of Liu, Shen & Associates say recent trends in China’s intellectual property courts indicate alignment with international standards and send a clear signal to the global market
Gift this article