Argument Analysis: The Supreme Court Struggles with the ACA’s Patent Provisions
UVA Law Faculty Affiliations
In a surprise to virtually no one, the oral argument in the consolidated patent cases Sandoz v. Amgen and Amgen v. Sandoz showed the Supreme Court struggling to understand both the highly complex patent provisions in the Affordable Care Act (aka the “Obamacare” statute) and the many procedural complexities of the underlying litigation.
The argument began with an unusual announcement by Chief Justice John Roberts, who told the lawyers for the two battling pharmaceutical firms that “the Court has decided to give each of you five extra minutes” of argument time. Each advocate must have thought, “Wow, five whole minutes! For each of us! How generous!”