Alan Clement, Chair of Locke Lord’s Intellectual Property Department, provided insight regarding the Federal Circuit Court of Appeals decision in favor of Novartis' Sandoz unit that ruled branded drugmakers can't use state law to force biosim developers to disclose patent information under the Biologics Price Competition and Innovation Act (BPCIA). Clement said that the "Federal Circuit has closed the door on what remedies remained available to a brand biologic company in terms of a biosimilar applicant who is refusing to engage in the 'patent dance' under the BPCIA … after the Supreme Court ruling.”
He also noted that Amgen "can still maintain their normal patent infringement rights outside the BPCIA and, in fact, there is a current case pending.”
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