The shape of biosimilar litigation for years to come will be on the line April 26 when the Supreme Court hears oral arguments in the Sandoz Inc. v. Amgen Inc. case. Depending on the decision, biosimilar sponsors could face protracted litigation and even launch delays, and with so much on the line, innovator companies, biosimilar applicants and other stakeholders filed a slew of amicus briefs.
The court is to consider two questions about the requirements of the Biologics Price Competition and Innovation Act (BPCIA): Must a biosimilar sponsor wait until after FDA approval to provide 180-day notice of commercial marketing of its product
Biosimilar sponsors say having to wait until approval to tell innovators they plan to market their products gives the innovator an extra six months of marketing exclusivity and delays resolution of patent disputes