The Journal of the American Medical Association (JAMA) recently published a response to “Obstacles to the Adoption of Biosimilars for Chronic Diseases,” a JAMA article we summarized in the spring.

In a letter to the editor from the authors of the article “Biosimilars–Curb Your Enthusiasm,” the authors identified an additional obstacle to biosimilar adoption, namely “the frequency and complexity of biosimilar-related patent litigation.”  They argue that reducing patent litigation may lead to larger cost savings in biologic products.

In reply to that letter, the authors of the original “Obstacles” article agree that “an ambiguous and convoluted patent dispute process could unnecessarily delay market entry of biosimilars, thereby limiting price competition and reducing biosimilar cost savings.”  However, the authors conclude that even if patent litigation were reduced, substantial cost savings may not be achieved, and they suggest that the best way to meet the BPCIA’s price reduction goals is via automatic substitution of biosimilars for branded biologics.