Novartis' Sandoz unit asked a U.S. appeals court to lift a preliminary injunction barring it from selling its biosimilar Zarxio, a cheaper version of Amgen's cancer blockbuster, Neupogen.
Last month, the U.S. Court of Appeals for the Federal Circuit granted a preliminary injunction barring the sale of Zarxio while the two companies worked through a patent lawsuit.
A panel will decide whether Sandoz made appropriate disclosures to Amgen that it planned to produce a copy of Neupogen -- as the law requires. Amgen argues Sandoz failed to follow regulations about how notice is to be given regarding the launch of a biosimilar.
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