Cohen Pontani Lieberman & Pavane Partner Kent Cheng Briefs BioPharm Industry on Proposed Legislation Impacting the Availability of Comparable Biologic Drugs in the US

(NEW YORK, NY) Cohen Pontani Lieberman & Pavane LLP (CPLP)Partner Kent H. Cheng, Ph.D., is scheduled to update attendees of BioPharm Asia 2007 in Singapore, September 24-27, on the impact of proposed U.S. legislation targeting patents and market exclusivity for comparable biologics.

“We expect there to be significant legislation impacting development and market entry of biosimilars in the U.S.,” says Cheng, “Case in point is the bill recently introduced by U.S. Congressman Henry A. Waxman (D-CA), which aims to prevent innovator firms from maneuvering to extend patents and to provide incentives for companies to introduce products that are interchangeable with branded biologic products.”

According to Cheng, the current proposed legislation “is an outgrowth of the earlier 1984 Hatch-Waxman Act that did not apply to biologic products. It contains measures that eliminate certain loopholes present in the 1984 Act which have delayed the marketing of generic products. This is not the only proposed legislation, but one of several alternative bills permitting the introduction of comparable biologics. Another bill has been proposed by Senators Kennedy, Hatch, Clinton and Enzi.”

Dr. Kent H. Cheng, Esq. (kcheng@cplplaw.com, 212.687.2770) is widely known for his expertise in prosecuting and litigating patents covering pharmaceuticals under the Hatch-Waxman Act. He has advised branded pharmaceutical companies in preserving their competitive positions, and U.S. and foreign generic pharmaceutical companies to assist their entry into the U.S. market.

Cohen Pontani Lieberman & Pavane LLP (551 Fifth Avenue, New York, NY 10176; Tel: 212.687.2770; www.cplplaw.com) is an intellectual property firm serving a worldwide roster of companies from a diverse range of industries including avionics, pharmaceuticals, electronics, heavy machinery, biotechnology and telecommunications. The firm is unique in its focus on intellectual property litigation that infuses every aspect of its IP work in prosecution of patents, trademarks, and copyrights; in drafting opinions and licenses and in due diligence and transaction work. It is CPLP’s philosophy that no legal activity is so routine that it does not have the potential to become the weak link in IP protection, resulting in legal exposure or porous rights. Hence, the firm views all IP matters as potential litigations to be won or avoided and is positioned to provide world-class litigation services, as well as other highly skilled IP services to achieve wraparound IP protection at the highest level.