Patents, Copyrights and Trademarks -- 2020



Amgen v. California Correctional Health Care Services   (Cal. Ct. App.)

Protection of trade secrets

The NAM filed an amicus brief in the California Court of Appeals to protect against disclosure of price change information for pharmaceutical products. California passed a law that requires pharmaceutical companies to disclose contemplated price changes to, among others, state agencies 60 days before implementation of the price change. Several pharmaceutical companies made the disclosures. News outlets then sought the information under a public information request. The companies obtained a preliminary injunction, arguing that the pricing information at issue is a protected trade secret and thus not subject to disclosure until the planned price increase goes into effect. California appealed the injunction. In support of the pharmaceutical industry, the NAM’s amicus brief argued that trade secrets are exempt from disclosure under the California law, and that such an exemption protects the legitimate interests of businesses, administrative agencies, and the public. Unfortunately, on April 9, 2020, the Court of Appeals reversed the preliminary injunction.


Related Documents:
NAM brief  (September 25, 2019)