Amgen Inc. v. Apotex Inc.
Amgen Inc. v. Apotex Inc., 2016-1308
In an infringement suit brought under the Biologics Price Competition and Innovation Act of 2009 (BPCIA), involving a proposed biosimilar product to plaintiff’s drug Neulasta, the the district court grant of plaintiff’s motion for preliminary injunction, which enjoined defendant from entering the market unless it has given plaintiff notice after receiving the requested FDA license and then waiting 180 days, is affirmed where, under Amgen Inc. v. Sandoz Inc. (Fed. Cir. 2015), the commercial-marketing provision is mandatory and enforceable by injunction even for an applicant in defendant’s position.
- Published 2016/07/05
- United States Federal Circuit