The Acting Solicitor General has just filed an amicus brief recommending that Sandoz’s cert petition and Amgen’s cross-petition be granted.  The Acting Solicitor General also argues that the decision by the Federal Circuit on the 180-day delay was incorrect.  Amgen’s supplemental brief in response will be due December 21.  The Court will consider the petition at its private conference on January 6, and a cert grant could be announced as soon as that afternoon.  The Acting Solicitor General’s recommendation that the Court grant cert is a very strong indicator that the Court will grant the petition and cross-petition.  The case is expected to be briefed in early 2017, argued in April, and decided by the end of June.

More analysis to follow.