Editor's Note :

Editor's Note :

The court will issue orders from its January 13 conference on Tuesday, January 17, at 9:30 a.m. There is a possibility of opinions on Wednesday, January 18, at 10:00 a.m.
On Tuesday the court hears oral argument in Lynch v. Dimaya. Kevin Johnson has our preview.
On Tuesday the court also hears oral argument in Midland Funding, LLC v. Johnson. Ronald Mann has our preview.

Amgen Inc. v. Sandoz Inc.

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
15-1195 Fed. Cir. TBD TBD TBD TBD OT 2016

Issues: (1) Whether a biosimilar applicant is required by 42 U.S.C. § 262(l)(2)(A) to provide the reference product sponsor with a copy of its biologics license application and related manufacturing information, which the statute says the applicant “shall provide;” and (2) whether, where an applicant fails to provide that required information, the sponsor's sole recourse is to commence a declaratory judgment under 42 U.S.C. § 262(l)(9)(C) and/or a patent-infringement action under 35 U.S.C. § 271(e)(2)(C)(ii). CVSG: 12/07/2016.

SCOTUSblog Coverage

DateProceedings and Orders
Mar 21 2016Petition for a writ of certiorari filed. (Response due April 22, 2016)
Apr 18 2016Order extending time to file response to petition to and including May 17, 2016.
May 17 2016Brief of respondent Sandoz Inc. in opposition filed.
May 27 2016Reply of petitioners Amgen Inc., et al. filed.
May 31 2016DISTRIBUTED for Conference of June 16, 2016.
Jun 20 2016The Solicitor General is invited to file a brief in this case expressing the views of the United States.
Dec 7 2016Brief amicus curiae of United States filed. VIDED.
Dec 20 2016Supplemental brief of petitioners Amgen Inc., et al. filed. VIDED.
Dec 21 2016DISTRIBUTED for Conference of January 6, 2017.
Jan 9 2017DISTRIBUTED for Conference of January 13, 2017.
Jan 13 2017Petition GRANTED The petition for a writ of certiorari in No. 15-1039 is granted. The cases are consolidated and a total of one hour is allotted for oral argument.
Term Snapshot