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

McDermott Will & Schulte lawyers explore why the UPC is seeing rapid adoption by medtech for fast-moving disputes, while pharma and biotech take a cautious, selective approach over revocation risks
IP firms may be growing more comfortable with external capital, but uncertainty over who could ultimately own the business is complicating the investment pitch
The former Western District of Texas judge addresses perceptions of his courtroom, reveals what comes next as he returns to practice at A&O Shearman and explains why marathon running is ‘cathartic’
International Anti-Counterfeiting Coalition says it has been blocked from hosting its annual event in the city, ending a long tradition of holding the gathering in the days leading up to INTA’s flagship event
The ITC is a powerful tool for litigators, practitioners say, as the threat of an exclusion order on a critical tech component could mean disrupting the entire data centre's operations
Anna Toh plans to expand Rajah & Tann’s soft IP capabilities, leveraging its Southeast Asia network to support clients on cross-border portfolio management and commercial strategy
The Canadian boutique’s new IP lead says he wants to build a tech-enabled IP practice aimed at giving startups senior expertise away from the traditional ‘big law’ set-up
Qantm IP’s acquisition of Henry Goh & Co shows shifting attitudes towards private equity, with firms increasingly viewing external backing as a normal route to expansion rather than a source of concern
The firm’s involvement in prominent AI cases drew litigator Christian Mammen to join from Womble Bond Dickinson, as US firms continue to bolster AI-focused practices
Two judicial appointments confirmed in Paris and Mannheim, while cross-border injunctions and high-profile procedural rulings keep major patent practices occupied
Gift this article