BREAKING NEWS: SOLICITOR GENERAL FILES BRIEF RECOMMENDING SUPREME COURT HEAR SANDOZ V. AMGEN

Amgen v. Sandoz (filgrastim)  •  Biosimilar News  •  BPCIA and Related U.S. Statutes  •  Patent Dance  •  U.S. Biosimilar Litigation News  •  U.S. Federal Circuit Decisions  •  U.S. Supreme Court Decisions

The Acting Solicitor General has just filed an amicus brief recommending that Sandoz’s cert petition and Amgen’s cross-petition be granted.  The Acting Solicitor General also argues that the decision by the Federal Circuit on the 180-day delay was incorrect.  Amgen’s supplemental brief in response will be due December 21.  The Court will consider the petition at its private conference on January 6, and a cert grant could be announced as soon as that afternoon.  The Acting Solicitor General’s recommendation that the Court grant cert is a very strong indicator that the Court will grant the petition and cross-petition.  The case is expected to be briefed in early 2017, argued in April, and decided by the end of June.

More analysis to follow.

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