Uphold District Court in Apotex Case: Amgen
Amgen is asking the Court of Appeals for the Federal Circuit to uphold a district court decision that Apotex is required to provide 180-day notice to Amgen of its intent to market a biosimilar version of Amgen’s Neulasta (pegfilgrastim). In its brief, Amgen says that “because the district court correctly concluded that Amgen is likely to succeed on the merits of its legal arguments that Apotex must provide such notice, and because Apotex stipulated and the district court found on the record before it that all of the other prerequisites for injunctive relief were satisfied, this court should affirm.”
The brief also challenges Apotex’ contention that the court is facing an issue of first impression, noting that the question of the pre-marketing notice was discussed in Amgen v. Sandoz and the court concluded that the provision is mandatory.
It points out that in the Sandoz case the court said that Sandoz could not market Zarxio until 180 days after the day of notice of first commercial marketing and the same requirement should be applied to Apotex and Neulasta.