by April Breyer Menon | Jun 12, 2017
In a June 12, 2017 decision authored by Justice Clarence Thomas, the United States Supreme Court in Sandoz v. Amgen ruled that, under the Biologics Price Competition and Innovation Act (BPCIA), biosimilar makers can give notice of commercial marketing before the...
by April Breyer Menon | Jun 9, 2017
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by April Breyer Menon | May 1, 2017
On May 1, 2017, a Federal Circuit panel in Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc., Appeal Nos. 2016-1284, 2016-1787, held four pharmaceutical patents invalid under the on-sale bar of 35 U.S.C. § 102(b). Three patents were governed by the version of...
by April Breyer Menon | Apr 27, 2017
On April 26, 2017, the Supreme Court heard oral argument in Sandoz Inc. v. Amgen Inc. on two questions regarding the Biologics Price Competition and Innovation Act (“BPCIA”): (1) whether a biosimilar applicant’s 180 days’ notice of commercial marketing is properly...
by April Breyer Menon | Mar 17, 2017
The primary focus of the FDA, industry, and counsel preparing for the advent of follow-on biologics in the United States has been the legal and regulatory framework governing the approval of such products as biosimilars under the Biologics Price Competition and...
by April Breyer Menon | Feb 22, 2017
The Supreme Court reversed the Federal Circuit’s interpretation of an infringement liability statute in litigation over whether shipping a single component of a patented multi-component invention to be assembled overseas qualifies as an infringing act under 35 U.S.C....