What’s Your Move? The Development of Patent
Dance Jurisprudence After Sandoz and Its
Practical Impacts

Aejin Noh*

ABSTRACT

The new patent dispute resolution process under the Biologics Price Competition and Innovation Act (BPCIA), so-called the “patent dance,” has generated extensive debates in the field of biologics since its enactment. This Article explores the development of patent dance jurisprudence, discusses the incentives and disincentives created by the law, and assesses whether the law meets the legislative intent.