US Solicitor Sides With Sandoz In Biosimilar Case

By Gina Nellesen and Betsy Flanagan, Fish & Richardson PC (December 20, 2016, 12:50 PM EST) -- Elizabeth Flanagan

Gina Nellesen The U.S. Solicitor General recently recommended that the U.S. Supreme Court grant certiorari and review the questions presented in both the petition and conditional cross-petition in Sandoz v. Amgen, No. 15-1039, and Amgen v. Sandoz, 15-1195. Each petition concerns provisions of the biosimilar statute, the Biologics Price Competition and Innovation Act, set forth at 42 U.S.C. § 262(l). Representing the interests of the United States government as amicus curiae to the court, the solicitor urges review because proper interpretation of the BPCIA will have a "significant impact" on the operation of the patent dance and on the...

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