Amgen Inc. v. Sandoz Inc., No. 15-1499 (Fed. Cir. Dec. 14, 2017)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

This appeal has returned to us on remand from the Supreme Court of the United States. In their earlier appearance in this court, Amgen Inc. and Amgen Manu- facturing Ltd. (collectively, “Amgen”) appeal ed from the decision of the United States District Court for the North- ern District of California (1) granting partial judgment on the pleadin gs to Sandoz Inc. (“Sandoz”) on its counter- claims seeking a declaratory judgment interpreting the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”), Pub. L. No. 111 -148, §§ 7001–7003, 124 Stat.