Morrison & Foerster’s intellectual property team was in uncharted legal waters when client Sandoz Inc. asked it to defend the biotech company against a patent infringement suit brought by Amgen Inc. in 2014. At issue was the application of the Biologics Price Competition and Innovation Act that was untested in court. The provision of the 2010 Affordable Care Act was intended to get generic versions of biosimilar drugs to market faster.

Amgen sought a preliminary injunction to stop Sandoz from launching a generic of its drug Neupogen, which is used by cancer patients to prevent infections.

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