Amgen Inc. can’t seem to catch a break when it comes to the Biologics Price Competition and Innovation Act (BPCIA).
Two years ago, the U.S. Court of Appeals for the Federal Circuit excused Sandoz Inc. from disclosing information that would have helped Amgen prepare a patent attack on Sandoz’s Neupogen biosimilar. The Federal Circuit ruled that Sandoz was free to opt out of the BPCIA’s “patent dance” disclosures. Amgen could sue for patent infringement and “access the required information through discovery,” the court said.
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