High Court Biosimilar Drama Intact After Amgen-Apotex Denial

Law360, New York (December 12, 2016, 8:42 PM EST) -- The U.S. Supreme Court's refusal Monday to review a major biosimilar ruling involving Amgen and Apotex doesn't necessarily mean that justices agree with the ruling, according to attorneys who predict that justices may use a separate case to tackle the same question about notice of biosimilar sales.

The refusal leaves standing a July ruling in which the Federal Circuit said that biosimilar makers always have to provide 180-day notice of sales to companies that make the biologics they're copying. The Federal Circuit refused to make notice optional for biosimilar makers that share their approval applications with rivals, as Apotex did with...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

December 11, 2015

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Government Agencies