Breaking News: Supreme Court Declines to Hear 'Patent Dance' Case

December 12, 2016
Daniella (Dee) Latham

July federal appeals court ruling will not be heard.

According to Reuters, The US Supreme Court has declined to hear a case over whether companies that make copycat versions of biologic drugs must wait six months after winning federal approval before bringing them to the market.

The justices opted not to take up Apotex Inc's appeal of a July federal appeals court ruling that could delay the Canadian generic drug maker's launch of so-called biosimilar versions of California-based Amgen Inc's Neulasta, used to fight infection in cancer patients.

The biosimilars law gives the maker of a biologic drug 12 years of exclusive rights before the US Food and Drug Administration can approve a biosimilar. It also states that a biosimilar maker must give the original biologic drug maker 180 days' notice before launching its copycat version.

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