U.S. Government Weighs in on Biosimilar Dispute
The U.S. government has stepped into an ongoing Biologics Price Competition and Innovation Act (BPCIA) dispute (Amgen v. Sandoz) involving biosimilar-related disclosure provisions. According to the U.S. amicus brief, the BPCIA “preempts any state-law remedies for an applicant’s decision not to make the disclosures identified in Section 262(l)(2)(A)... Allowing additional state law remedies also would impair important objectives the BPCIA’s patent-related provisions are designed to achieve.” The brief contends that “[t]ogether with the pre-existing body of federal laws and rules governing the adjudication of federal patent claims, the BPCIA leaves the states no room to prescribe or enforce procedural rules pertaining to biosimilar patent infringement claims.”
The brief was filed in response to a June U.S. Supreme court ruling (see story) that remanded the dispute to the Federal Circuit to determine whether an injunction might be available under state law. In the ruling, the high court also said sponsors of proposed biosimilar products do not have to wait until FDA approval to provide a required six-month marketing advance notice.