SCOTUS to Hear Amgen/Sandoz Appeals
The Supreme Court has granted Sandoz’ petition and Amgen’s cross-petition that it hear their appeal of a federal appeals court decision in Amgen v. Sandoz. The acting solicitor general had urged the high court to hear the case, saying that the Federal Circuit Court of Appeals erred in concluding that a biosimilar applicant may provide the required 180-day advance notice of first commercial marketing only after FDA has licensed its biosimilar. The solicitor general also said the court erred in determining that a court may enforce a section of the law by enjoining an applicant from such marketing until 180 days after the applicant provides that notice. Those provisions were appealed by Amgen.
Sandoz challenged the court’s determination that where an applicant fails at the outset to provide the sponsor with its aBLA and manufacturing process information, the sponsor’s only recourse under the law is to bring an immediate patent suit. The acting solicitor general’s brief said the appeals court was correct in that decision.
“The proper interpretation of these provisions has a significant impact on the operation of the Biologics Price Competition and Innovation Act (BPCIA) and the ability of aBLA applicants promptly to bring their biosimilars to the public,” the brief said. “And because the provisions are integrally related, the court should consider all of the questions presented together.”