Amgen Uses Obscure Law for Info on Novartis Units’ Biosimilars

Sept. 28, 2023, 12:12 AM UTC

Amgen Inc. can subpoena Sandoz Inc. for “pertinent information” to seek orders in Austrian and Slovenian courts, a federal judge ruled. The decision could grease efforts to block two Novartis AG subsidiaries from making biosimilar versions of Amgen’s Prolia and Xgeva bone-strengthening drugs using allegedly patent-infringing processes.

Judge Colm F. Connolly, in an opinion issued Tuesday in the US District Court for the District of Delaware, granted Amgen’s application for an order allowing it to obtain documents and other evidence. The ruling gives Amgen another tool should it launch litigation seeking preliminary injunctions against Sandoz GmbH in the Commercial ...

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