February 19, 2016 / 11:38 AM / in 2 years

Novartis warning on cheaper drug delay could hook high court, attorneys say

By Andrew Chung

Novartis AG’s warning to the U.S. Supreme Court that all new biosimilar drugs now face a delay imposed by a controversial federal appeals court decision could be the most powerful reason the justices agree to review the case, attorneys say.

In a petition for certiorari filed on Tuesday by its attorney Deanne Maynard of Morrison & Foerster, the Swiss drug maker said lower courts are already using the appeals court decision to grant or consider injunctions against biosimilars, circumventing Congress’ desire to lower the cost of medicines.

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