July 6, 2017
On June 12, the Supreme Court issued a unanimous opinion in Amgen v. Sandoz, penned by Justice
Clarence Thomas. The Court addressed two questions, stemming from the Federal Circuit’s 2015
decision in the case, on which certiorari had been granted: 1) whether a biosimilar applicant may be
compelled under either federal or state law to provide the reference product sponsor with its
biosimilar application (aBLA) and manufacturing information; and 2) whether a biosimilar
applicant must provide 180 days’ notice of commercial marketing of its biosimilar product only
after the product has been licensed by the FDA.