A Morrison & Foerster Appellate team was recognized this week as “Legal Lions” by Law360. This is the second time the team has secured this honor for their work on behalf of client Sandoz in Sandoz v. Amgen, a closely watched case involving the Biologics Price Competition and Innovation Act (BPCIA). In this most recent ruling on December 14th, Sandoz was handed a unanimous win by the Federal Circuit. The victory hinged on a question concerning the BPCIA remanded by the Supreme Court to the Federal Circuit in its Sandoz v. Amgen ruling.
On June 12th of this year, the U.S. Supreme Court ruled unanimously for client Sandoz, which provided 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. Law360 dubbed the ruling “a major decision that will speed up access to the lower-cost medicines” and named the Morrison & Foerster team as “Legal Lions” for that portion of the victory.
Morrison & Foerster Appellate and Supreme Court practice co-chair Deanne Maynard argued on behalf of Sandoz before the Supreme Court. The full appellate team representing Sandoz on the matter was co-led by Ms. Maynard and fellow Appellate and Supreme Court practice co-chair Joseph Palmore and also included partners Rachel Krevans, Marc Hearron, and Julie Park. Ms. Maynard and Mr. Palmore also led the Morrison & Foerster team on the remanded Federal Circuit issue; that team also included Marc Hearron and Erik Olson.