As we have previously reported, on June 12, 2017, the Supreme Court issued a unanimous opinion in Amgen v. Sandoz holding that notice of commercial marketing may be given prior to FDA approval.  The Court also held that no injunction is available under federal law to force compliance with the patent dance. But the Court remanded the case to the Federal Circuit to answer:  (1) whether an injunction is available under state law; and (2) whether such a state-law injunction is preempted by federal law, to the extent Sandoz preserved the preemption argument.

Yesterday, in the Federal Circuit remand, Sandoz filed a Statement in Support of Remand to the District Court.  Sandoz argued that a further remand would promote judicial efficiency by avoiding further serial appellate proceedings, and would allow the district court in California, rather than the Federal Circuit, to first address questions of California law posed by the Supreme Court’s remand.  In the alternative, Sandoz requested that the Federal Circuit recall its mandate and order full briefing on the questions left open by the Supreme Court.

Read Sandoz’s full statement here.