On June 12, 2017, the U.S. Supreme Court ruled unanimously for Morrison & Foerster client Sandoz in a closely watched case involving the Biologics Price Competition and Innovation Act (BPCIA), which provides a streamlined approval path for biosimilars.
The Supreme Court ruled for Sandoz on all the issues that the Court concluded were before it. The Court agreed with Sandoz that the Federal Circuit had erred by delaying introduction of all biosimilars by 180 days. The Court also agreed that the BPCIA's procedural steps may not be enforced through federal injunctions. The Court remanded on one question of state law.
In a statement, Sandoz touted the victory: "The Justices' unanimous ruling on the notice of commercial marketing will help expedite patient access to life-enhancing treatments." Express Scrips, a major negotiator of prescription drug prices, told Law360 that the Supreme Court's ruling should "lower prescription drug costs for employers, health plans, labor unions and Medicare."
Deanne Maynard, co-chair of Morrison & Foerster’s Appellate and Supreme Court practice presented oral argument for Sandoz in the Supreme Court. Deanne and Joe Palmore, also co-chair of the Appellate and Supreme Court practice, led the firm’s appellate team, which included partners Rachel Krevans, Marc Hearron, and Julie Park.
Morrison & Foerster has been representing Sandoz since Amgen filed suit in October 2014 to delay launch of Sandoz’s biosimilar drug Zarxio.