As reported in the last Jones Day Update, in litigation involving the first biosimilar Zarxio, a federal court in California denied a motion to enjoin the marketing of the product based on alleged violations of the patent litigation provisions of the BPCIA, and the biologic reference sponsor subsequently appealed this decision to the Federal Circuit. Since then, the Federal Circuit has granted another motion in the Federal Circuit, seeking to enjoin the commercial launch of Zarxio pending the outcome of the appeal. Meanwhile, six parties have filed amicus curiae briefs in the Federal Circuit that request reversal of at least part of the lower court decision. The court may rule on the motion by May 11, 2015, the date until which the applicant has agreed to stay off the market, absent judicial intervention.
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