On July 9, 2020, Ha Kung Wong was quoted in Law360 regarding the top patent cases that could have a major impact on the intellectual property world in 2020.
According to the article, the Supreme Court is once again set to decide whether the Affordable Care Act is unconstitutional. Patent attorneys are watching because the Biologics Price Competition and Innovation Act (BPCIA), which created an abbreviated approval pathway for biosimilars, was passed under the health insurance law.
If the BPCIA falls, especially in what Wong called a "highly politicized war" over health insurance, it could render years of fighting over the law moot.
"It's like a civil war over this, but what's in the balance is not only health care but also this entire set of case law we've been working on in the biologics field about how someone challenges patents," Wong said. "All that theoretically is going to go away. That would be a shame."
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