United States Federal Circuit

In a case presenting issues of first impression relating to the Biologics Price Competition and Innovation Act of 2009 (BPCIA), Pub. L. No. 111-148, sections7001-7003, 124 Stat. 119, 804-21 (2010), the district court's judgment is: 1) affirmed as to the dismissal of plaintiff's state law claims of unfair competition and conversion with prejudice because defendant did not violate the information-disclosure and notice-of-commercial-marketing provisions of the BPCIA; and 2) vacated with respect to the grant of summary judgment to defendant on its counterclaims seeking declaratory judgment that it correctly interpreted the BPCIA.

Appellate Information

• Decided 07/21/2015
• Published 07/21/2015

Judges

• LOURIE

Court

• United States Federal Circuit

Counsel