Supreme Court Ruling to Allow Biosimilars on Market Sooner

Biosimilar products are likely to launch faster under a 6/12 U.S. Supreme Court ruling that they do not have to wait until FDA approval to provide a required six-month marketing advance notice. In Sandoz vs. Amgen, the justices ruled that biosimilar applicants may provide notice either before or after receiving FDA approval. Additionally, the high court ruled that no injunction is available under federal law to require compliance with the patent dance. However, it stated that an injunction might be available under state law, but it also left open the possibility that such a state-law injunction might be preempted by federal law.  Both of these issues are remanded to the Federal Circuit for further deliberation.

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