Biosimilar Sponsors Are Not Liable Under State Law For Declining Patent Dance

US Federal Circuit finds in Amgen v. Sandoz that the BPCIA preempts innovator companies from seeking penalties under state law against a biosimilar sponsor that does not engage in the 'patent dance.'

Court of Appeals for Federal Circuit Lafayette Park Across from White House Washington DC

Biosimilar sponsors in the US can decline to provide their biologics license application and manufacturing process information to innovator companies without the worry of being sued for damages under state law.

The US Court of Appeals for the Federal Circuit ruled in a Dec. 14 opinion in Amgen Inc. v. Sandoz Inc. that state law claims are preempted by the federal Biologics Price Competition and Innovation Act (BPCIA)

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