Sandoz Inc. v. Amgen Inc.
Linked with:
| Docket No. | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|
| 15-1039 | Apr 26, 2017 | Dec 6, 2017 | 9-0 | Thomas | OT 2016 |
Holding: Section 262(l)(2)(A) of the Biologics Price Competition and Innovation Act of 2009 is not enforceable by injunction under federal law, but the U.S. Court of Appeals for the Federal Circuit on remand should determine whether a state-law injunction is available; an applicant may provide notice of commercial marketing under Section 262(l)(8)(A) prior to obtaining licensure.
Judgment: Vacated in part, reversed in part, and remanded, 9-0, in an opinion by Justice Thomas on December 6, 2017. Justice Breyer filed a concurring opinion.
SCOTUSblog Coverage
- Opinion analysis: The Supreme Court reverses another Federal Circuit patent case (John Duffy, June 13, 2017)
- Argument analysis: The Supreme Court struggles with the ACAs patent provisions (John Duffy, April 28, 2017)
- Argument preview: The ACA returns to the Supreme Court (this time disguised as a hugely complex patent case) (John Duffy, April 24, 2017)
- Court adds 16 new cases to its merits docket (Expanded) (Amy Howe, January 13, 2017)
| Date | Proceedings and Orders |
|---|---|
| 12/23/2015 | Application (15A672) to extend the time to file a petition for a writ of certiorari from January 14, 2016 to February 16, 2016, submitted to The Chief Justice. |
| 12/29/2015 | Application (15A672) granted by The Chief Justice extending the time to file until February 16, 2016. |
| 02/16/2016 | Petition for a writ of certiorari filed. (Response due March 21, 2016) |
| 03/21/2016 | Brief amicus curiae of Biosimilars Council filed. |
| 03/21/2016 | Motion for leave to file amici brief filed by Apotex, Inc., et al. |
| 03/21/2016 | Brief amici curiae of Hospira, Inc, et al. filed. |
| 03/21/2016 | Brief of respondents Amgen Inc., et al. in opposition filed. |
| 03/21/2016 | Brief amicus curiae of Mylan, Inc. filed. |
| 05/31/2016 | DISTRIBUTED for Conference of June 16, 2016. |
| 05/31/2016 | Reply of petitioner Sandoz Inc. filed. (Distributed) |
| 06/20/2016 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 12/07/2016 | Brief amicus curiae of United States filed. VIDED. |
| 12/20/2016 | Supplemental brief of respondents Amgen Inc., et al. filed. VIDED. |
| 12/21/2016 | DISTRIBUTED for Conference of January 6, 2017. |
| 01/09/2017 | DISTRIBUTED for Conference of January 13, 2017. |
| 01/13/2017 | Petition GRANTED. The petition for a writ of certiorari in No. 15-1195 is granted. The cases are consolidated and a total of one hour is allotted for oral argument. |
| 01/13/2017 | Motion for leave to file amici brief filed by Apotex, Inc., et al. GRANTED. |
| 01/25/2017 | The following briefing schedule is adopted: Petitioner in No. 15-1039 will file an opening brief limited to the question presented in its petition, not to exceed 15,000 words, on or before Friday, February 10, 2017. Petitioners in No. 15-1195 will file a consolidated opening brief on the question presented in their petition and response brief, not to exceed 19,000 words, on or before Friday, March 10, 2017. Petitioner in No. 15-1039 will file a consolidated response brief and reply brief, not to exceed 10,000 words, on or before Friday, March 31, 2017. Petitioners in No. 15-1195 will file a reply brief, not to exceed 6,000 words, on or before Friday, April 14, 2017. Any brief of an amicus curiae in support of petitioner in No. 15-1039 or in support of neither party is to be filed on or before Friday, February 17, 2017, and the brief should bear a light green cover. Any brief of an amicus curiae in support of petitioners in No. 15-1195 is to be filed on or before Friday, March 17, 2017, and the brief should bear a dark green cover. An amicus curiae may file only a single brief in these cases. VIDED. |
| 01/30/2017 | Joint motion of the parties to dispense with printing the joint appendix filed. VIDED. |
| 02/10/2017 | Brief of petitioner Sandoz Inc. filed. |
| 02/17/2017 | SET FOR ARGUMENT ON Wednesday, April 26, 2017. VIDED. |
| 02/17/2017 | Brief amicus curiae of Adello Biologics, LLC filed. |
| 02/17/2017 | Brief amici curiae of Pharmaceutical Care Management Association, et al. filed. |
| 02/17/2017 | Brief amici curiae of Apotex Inc. and Apotex Corp. filed. VIDED. |
| 02/17/2017 | Brief amicus curiae of Biosimilars Council filed. VIDED. |
| 02/17/2017 | Brief amicus curiae of America's Health Insurance Plans filed. VIDED. |
| 02/17/2017 | Brief amicus curiae of United States filed. VIDED. |
| 02/17/2017 | Brief amici curiae of AARP Foundation, et al. filed. |
| 02/17/2017 | Brief amicus curiae of Coherus Biosciences, Inc. filed. VIDED. |
| 02/17/2017 | Brief amicus curiae of Mylan, Inc. filed. VIDED. |
| 02/21/2017 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. VIDED |
| 02/24/2017 | Record requested from the U.S.C.A. for the Federal Circuit. VIDED. |
| 03/10/2017 | Opening and Response Brief for Amgen Inc., et al. filed. VIDED. |
| 03/17/2017 | Brief amicus curiae of AbbeVie Inc. filed. VIDED. |
| 03/17/2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. VIDED. |
| 03/17/2017 | Brief amicus curiae of Janssen Biotech, Inc. filed. VIDED. |
| 03/17/2017 | Brief amicus curiae of Biotechnology Innovation Organization filed. VIDED. |
| 03/17/2017 | Brief amicus curiae of Genentech, Inc. filed. VIDED. |
| 03/22/2017 | CIRCULATED. |
| 03/27/2017 | Record received from the U.S.C.A. for the Federal Circuit. The record is available on PACER, except for confidential materials transmitted separately. VIDED. |
| 03/31/2017 | Consolidated Response and Reply Brief for Sandoz Inc. Filed. (Distributed) VIDED. |
| 04/13/2017 | Motion of the Acting Solicitor General for leave to participate in oral argument as amici curiae and for divided argument GRANTED. VIDED. Justice Gorsuch too no part in the consideration or decision of this motion. |
| 04/26/2017 | Argued. For petitioner in No. 15-1039: Deanne E. Maynard, Washington, D. C.; and Anthony A. Yang, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For petitioners in 15-1195: Seth P. Waxman, Washington, D. C. VIDED. |
| 06/12/2017 | Adjudged to be VACATED IN PART, REVERSED IN PART, and case REMANDED. Thomas, J., delivered the opinion for a unanimous Court. Breyer, J., filed a concurring opinion. VIDED. |
| 07/14/2017 | JUDGMENT ISSUED. |