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Chances Upped Supreme Court Hears Amgen/Sandoz Biosimilars Suit

 
• By Donna Young
  
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While an invitation for the top US government litigator to weigh in on Amgen Inc. v. Sandoz Inc. has prolonged the Supreme Court's decision on whether it will take up the case – creating a certain amount of limbo for the biosimilars marketplace – the request demonstrates the justices appear to be taking the matter seriously, upping the chances they may hear oral arguments potentially next spring.

The US Supreme Court's June 20 invitation to the solicitor general (SG) – the federal government's top litigator – to weigh in on Amgen Inc.'s and Sandoz Inc.'s legal battle over the interpretation of the law that gave the FDA the power to approve biosimilars, the Biologics Price Competition and Innovation Act (BPCIA), shows how seriously the justices are taking the case, according to lawyers who are closely watching the lawsuit.

The outcome of whether the court takes up Amgen v. Sandoz, which was spurred by the circumstances surrounding the marketing...

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