SANDOZ INC. v. AMGEN INC.

No. 2014-1693.

773 F.3d 1274 (2014)

SANDOZ INC., Plaintiff-Appellant, v. AMGEN INC. and Hoffmann-La Roche Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

December 5, 2014.


Attorney(s) appearing for the Case

James F. Hurst , Winston & Strawn LLP, of Chicago, IL, argued for plaintiff-appellant. With him on the brief were Maureen L. Rurka and James M. Hilmert.

David T. Pritikin , Sidley Austin LLP, of Chicago, IL, argued for defendants-appellees. With him on the brief were VernoN M. Winters , of San Francisco, CA, and Jeffrey P. Kushan , of Washington, DC. Of counsel on the brief were Wendy A. Whiteford , J. Drew Diamond , and Gail A. Katz , Amgen, Inc., of Thousand Oaks, CA, for Amgen Inc. of counsel were James A. High, JR., of Washington, DC, M. Patricia Thayer, of San Francisco, CA, and Samuel N. Tiu, of Los Angeles, CA.

Before DYK, TARANTO, and CHEN, Circuit Judges.


Sandoz Inc. sued Amgen Inc. and Hoffman-La Roche Inc. to obtain a declaratory judgment that two patents, owned by Hoffman-La Roche and exclusively licensed to Amgen, are invalid and unenforceable and will not be infringed if Sandoz uses, offers to sell or sells, or imports a drug product "biosimilar" to Amgen's Enbrel®...

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