Past performance does not predict future returns in the stock market – or in biosimilar litigation. Pfizer Inc. agreed to Janssen Biotech Inc.'s demand that it not launch Inflectra, a biosimilar to Remicade (infliximab), before Oct. 3. It did so immediately after the U.S. Court of Appeals for the Federal Circuit ruled that 180-day notice of commercial marketing is required after licensure whether or not a biosimilar sponsor has engaged in the patent information exchange process laid out in the biosimilar statute.
But Pfizer is not taking such a conciliatory position in litigation over its biosimilar to Amgen Inc.'s Epogen (epoietin alfa). In that case, Pfizer argues that the Federal Circuit's decision in Amgen v. Apotex Inc
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