INSIGHT: Biologics Success Could Mean More Work for International Trade Commission
Biologics—large-molecule, protein based drugs that are made in living organisms—have revolutionized medicine. The success of biologics in the clinic has been met with a growing volume of patent litigation in district courts and the Patent Office.
To date, very few biologics cases have been filed in the U.S. International Trade Commission (ITC), an independent government agency that has the power to bar the importation of products that infringe intellectual property rights. But as broader IP protections, such as trade secrets, become increasingly important in litigation involving this class of drugs, there are signs this may all change.