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Federal Circuit rules in Amgen v Sandoz on remand from SCOTUS

Michael Loney, New York


The Federal Circuit has ruled that Sandoz did not forfeit its preemption defence and the BPCIA preempts state law remedies in its biosimilars dispute with Amgen. The decision makes clear that brand biologic companies have no remedies available against a biosimilar applicant who is refusing to engage in the patent dance

Federal Circuit building 285The Federal Circuit has ruled that Sandoz did not forfeit its preemption defense and the BPCIA preempts state law remedies in its biosimilars dispute with Amgen, in an opinion on remand from the Supreme Court.

The Supreme Court’s June 12 decision...


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