直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

James R. Barney

Federal Circuit Says Biosimilar Applicants Can Decline Patent Dance

July 22, 2015

Managing Intellectual Property

On July 21, 2105, the Federal Circuit issued a split decision in Amgen v. Sandoz, affirming the dismissal of Amgen's state law claims of unfair competition and conversion, vacating the judgement on Sandoz's counter-claims, and remanding the case to district court. Some practitioners believe that the split decision means one or both parties are likely to appeal. Managing Intellectual Property contacted Finnegan attorney Sanya Sukduang for his thoughts on the decision.

Sukduang noted that the decision poses strategic questions for reference product sponsors (RPS). He said, "[RPSs are] going to have to start making some decisions on what to sue on without having the full complement of information that you might have thought you should receive when the BPCIA was enacted. [District courts] don't have to force biosimilar applicants to disclose before the case moves forward so motions to dismiss or motions such as Amgen's that said [Sandoz] violated the BPCIA are gone by the wayside, at least for the time being."

Tags

Biologics Price Competition and Innovation Act (BPCIA), United States Court of Appeals for the Federal Circuit (CAFC)

Related Practices

Global IP Enforcement, Litigation, and Trials

Related Industries

生物藥品

Related News

Award/Ranking

31 Finnegan Attorneys Recognized by Best Lawyers 2027

August 20, 2026

Press Release

USPTO Denies Super Lighting Reexamination Request Following PVTECH Pre-Order Submission Under New USPTO Procedure

August 19, 2026

Press Release

Federal Circuit Overrules Precedent En Banc in Finnegan Pro Bono Victory for Federally Employed Veterans

August 18, 2026

Award/Ranking

Fourteen Finnegan Attorneys Named to the 2026 IAM Strategy 300 List

August 13, 2026

Award/Ranking

Finnegan Named a Finalist for The American Lawyer 2026 Industry Awards

August 13, 2026

Commentary

UK Patent Document Access Rules Raise Secrecy Concerns

August 12, 2026

Commentary

GenAI Patent Surge Extends Well Beyond Familiar Platform Firms

August 10, 2026

Award/Ranking

Partner Jeffrey M. Jacobstein Named Finalist for New England Legal Awards

August 10, 2026

Commentary

Q&A: What the 'GenAI Boom' Means for Patents

August 6, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP