Breaking News: Supreme Court Denies Cert. in Apotex v. Amgen

Today, the Supreme Court denied certiorari in Apotex v. Amgen, a closely-watched case involving the interpretation of key provisions of the BPCIA.  Our most recent blog coverage can be found here.

Even though the Court has declined to hear Apotex v. Amgen, the Supreme Court has before it another vehicle for addressing the hotly-contested provisions of the BPCIA, Sandoz v. Amgen, and received briefing from the Solicitor General last week recommending that the Court grant certiorari in that case to correct the Federal Circuit’s interpretation of the BPCIA’s 180-day notice of commercial marketing provision and to clarify the proper operation of the BPCIA’s patent-dispute resolution process.

We will continue to update you with biosimilar litigation news as it happens.