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 Title

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


Case Number

3:14-cv-04741

Court

California Northern

Nature of Suit

Patent

Judge

Richard Seeborg

Date Filed

October 24, 2014


Case Title

Amgen Inc. v. Sandoz Inc.


Case Number

15-1499

Court

Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

March 27, 2015

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