Dowd Scheffel works with Chief Judge Michel to Submit an Amicus Curiae Brief in Opposition to Sandoz’s Fourth Circuit Appeal in Enbrel Antitrust Case.
- Matthew Dowd
- 3 days ago
- 1 min read
July 10, 2026: Dowd Scheffel LLP was honored to work with Chief Judge Paul R. Michel (ret.) on an amicus brief that urged the Fourth Circuit to dismiss Sandoz’s appeal. The case at issue is Sandoz Inc. v. Amgen Inc. et al. In the brief, Judge Michel asserts that Amgen is entitled to finality in its victory as Sandoz’s appeal is based on antitrust claims, pertaining to the patent- infringement case affirmed by the Federal Circuit more than six years ago. Sandoz relies in part on the 1944 Supreme Court decision in Mercoid Corp. v. Mid-Continent Investment Co., a decision that Judge Michel notes “has been criticized as thinly reasoned.”. Granting the appeal, Michel emphasizes, could create unnecessary conflict between antitrust and patent law. It could open a pathway that exposes every patent owner’s final judgment being attacked years later, even when judgement is upheld on appeal.
For more information on the case and a copy of the brief itself, can be found below:
The amicus brief was profiled on IP Watchdog and Law360.
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