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DOJ Backs Biosimilar Makers In Info-Sharing Fight

Law360, New York (September 12, 2017, 5:06 PM EDT) -- The U.S. Department of Justice on Monday sided with biosimilar makers in the aftermath of a major U.S. Supreme Court ruling involving Amgen and Sandoz, telling the Federal Circuit that state laws can’t be used to extract information from biosimilar companies.

In an amicus brief filed Monday and unsealed Tuesday, the DOJ said that the Biologics Price Competition and Innovation Act fully controls biosimilar patent litigation. As a result, it bars the use of state laws to enforce a BPCIA provision that directs biosimilar makers to...
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Case Information

Case Title

Amgen Inc. et al v. Sandoz Inc. et al

Case Number



California Northern

Nature of Suit



Richard Seeborg

Date Filed

October 24, 2014

Case Title

Amgen Inc. v. Sandoz Inc.

Case Number



Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

March 27, 2015

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