Professor Lietzan Speaks at Food & Drug Law Institute’s Annual Conference

On May 4, Professor Erika Lietzan participated in the perennially popular closing session – on significant litigation in 2017 and cases to watch in 2018 – of the Food & Drug Law Institute’s annual conference.  FDLI is the primary professional association for specialists in food and drug law.  The annual meeting brought together more than 900 law professors, practicing lawyers, regulatory affairs specialists and lawyers from the regulated industries, and lawyers and scientists from FDA.  Professor Lietzan spoke on the Supreme Court’s decision in Sandoz v. Amgen (which relates to patent litigation between biological product innovators and biosimilar applicants), the outcome of the remand to the Federal Circuit, and the potential role for FDA going forward.  She also briefly discussed the potential impact of the Court’s recent decisions in Oil States Energy Services v. Greene’s Energy Group and SAS Institute v. Ianco, which relate to inter partes review of patents and which may combine with the Sandoz decision to change litigation strategies for biologics patent holders and challengers alike.  Professor Lietzan has also written about the Sandoz case on her blog.