We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Biosimilar Notice Rule Isn't Absolute, Apotex Tells Fed. Circ.

Law360, Washington (April 4, 2016, 5:10 PM EDT) -- Apotex urged a Federal Circuit panel to reverse a lower court's finding that biosimilar makers must always give 180-day advance notice of sales to brand-name rivals, arguing in a dispute over a proposed biosimilar for Amgen blockbuster Neulasta that the notice requirement only applies when they don't first exchange intellectual property information.

Rather than always ordering the notice, the Biologics Price Competition and Innovation Act only imposes the requirement on biosimilar makers that choose not to engage in the exchange of information, or “patent dance,” Apotex told the panel in an attempt to scrap a preliminary injunction against bringing their version to market....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Related

Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

December 11, 2015

Law Firms

Companies