A California federal judge denied Costco’s motion to dismiss a class action complaint alleging the dolphin safe claim on Costco’s canned tuna is false, deceptive, and misleading. Judge Orrick stated the question is if Costco violates its own promises to consumers, not the DPCIA.
In 2021, the FDA's Purple Book went live, providing a searchable database of licensed biological products, including the patent information provided to biosimilar applicants during the patent dance.
In AbbVie Inc. v. Alvotech hf., the Court denied a biosimilar applicant defendant’s motion to dismiss patent infringement claims brought in the second phase of the parties’ Biosimilar Price Competition and Innovation Act BPCIA litigation.