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ARTICLE · 29 DECEMBER 2017

Federal Circuit Rules BPCIA Preempts State Law

Jones Day
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On December 14, 2017, the U.S. Court of Appeals for the Federal Circuit again interpreted the Biologics Price Competition and Innovation Act ("BPCIA").

United StatesIntellectual Property
Gasper LaRosa
Gasper LaRosa
Timothy Heverin
Timothy Heverin
Michael Wynne
Michael Wynne
Adam M. Nicolais
Adam M. Nicolais
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On December 14, 2017, the U.S. Court of Appeals for the Federal Circuit again interpreted the Biologics Price Competition and Innovation Act ("BPCIA"). In Amgen Inc. et al. v. Sandoz Inc., 15-cv-1499 (Fed. Cir. 2017), the Federal Circuit sided with Sandoz in ruling the BPCIA preempts state law remedies for noncompliance with 42 U.S.C. § 262(Ɩ)(2)(A) ("patent dance"). This case was decided on remand from the recent Supreme Court ruling in Sandoz Inc. v. Amgen Inc., 137 S. Ct. 1664 (2017), which held that federal injunctions are not available to compel "patent dance" disclosures. On remand, the Federal Circuit was asked to decide whether noncompliance with the patent dance requirements could violate California state law.

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