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Expert Analysis

Fed. Circ. Skirts Biologics Law In Sandoz Ruling

Law360, New York (January 9, 2015, 8:56 AM EST) -- On Dec. 5, 2014, the Federal Circuit in Sandoz Inc. v. Amgen Inc. affirmed the district court's dismissal of a declaratory judgment action by Sandoz.[1] Unlike the district court, however, which dismissed the case, in part, based on a statutory interpretation of the Biologics Price Competition and Innovation Act of 2009, the Federal Circuit carefully avoided construing the BPCIA.[2] Instead, the Federal Circuit affirmed dismissal of the case on traditional declaratory judgment grounds, finding "no injury of sufficient immediacy and reality to create subject matter jurisdiction."[3]...

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