Carefirst of Maryland, Inc. v. Amgen Inc.
| CAREFIRST OF MARYLAND, INCORPORATED, on behalf of themselves and all others similarly situated, GROUP HOSPITALIZATION AND MEDICAL SERVICES, INC. and CAREFIRST BLUECHOICE, INC. |
| AMGEN INC., IMMUNEX CORPORATION and AMGEN MANUFACTURING LIMITED LLC |
| FEDERAL TRADE COMMISSION, OPEN MARKETS INSTITUTE and AMERICAN ANTITRUST INSTITUTE |
| 26-1473 |
| April 20, 2026 |
| U.S. Court of Appeals, Fourth Circuit |
| Antitrust |
Docket Report
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| Filing 65 CASE CONTINUED FROM TENTATIVE CALENDAR. [1002075182] [26-1473] NS [Entered: 10/15/2026 11:19 AM] |
| Filing 63 RULE 46 NOTICE issued to David Owen Fisher for American Antitrust Institute for failure to file paper copies. Paper copies due 09/21/2026. [1002056695] [26-1473] KS [Entered: 09/17/2026 01:17 PM] |
| Filing 61 Additional copies of the AMICUS BRIEF received from FTC. Number of copies: [4]. [1002056038] [26-1473] KS [Entered: 09/16/2026 04:22 PM] |
| Filing 59 NOTICE REGARDING CONFLICT WITH PROPOSED ARGUMENT DATES by Appellants Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation. Argument Session: December 8-11, 2026. Days you are available: None. Identify any other cases you are tentatively scheduled to argue this session: Sandoz Inc. v. Amgen Inc., No. 26-1309; Lee Schmidt v. City of Norfolk, 26-1227. Other scheduling information: Unavailability is due to planned travel for obligations involving elderly parent. Currently, counsel is fully available for January and March sittings. A pending motion requests Nos. 26-1309 and 26-1473 be argued on the same day before the same panel. [1002054786] [26-1473] Elaine Goldenberg [Entered: 09/15/2026 03:43 PM] |
| Filing 54 RESPONSE/ANSWER by Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1002051967] [26-1473] Elaine Goldenberg [Entered: 09/10/2026 04:29 PM] |
| Filing 53 RESPONSE/ANSWER by FTC to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1002050792] [26-1473]--[Edited 09/14/2026 by KS - added party filer to docket text] Robert Silverstein [Entered: 09/09/2026 01:49 PM] |
| Filing 52 RESPONSE/ANSWER by Carefirst Bluechoice, Inc., Carefirst of Maryland, Incorporated and Group Hospitalization and Medical Services, Inc. to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1002050438] [26-1473] Hannah Brennan [Entered: 09/09/2026 10:35 AM] |
| Filing 51 RESPONSE/ANSWER by Open Markets Institute to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1002050272] [26-1473] Sandeep Vaheesan [Entered: 09/09/2026 08:46 AM] |
| Filing 50 RESPONSE/ANSWER by American Antitrust Institute to Notice requesting response to similar case inquiry. Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. [1002050200] [26-1473] David Fisher [Entered: 09/09/2026 04:19 AM] |
| Filing 49 NOTICE ISSUED to FTC, American Antitrust Institute, Open Markets Institute, Amgen Inc., Amgen Manufacturing Limited LLC, Immunex Corporation and Carefirst Bluechoice, Inc., Carefirst of Maryland, Incorporated and Group Hospitalization and Medical Services, Inc. requesting response to similar case(s) question [1002049682]. Response to similar case notice due 09/11/2026. [26-1473] TW [Entered: 09/08/2026 01:21 PM] |
| Filing 48 CASE TENTATIVELY CALENDARED for oral argument during the December 8-11, 2026, argument session. Notify Clerk's Office of any scheduling conflict by: 09/15/2026. Any required additional copies of briefs and joint appendices are due 09/15/2026. [1002049614] [26-1473] SCC [Entered: 09/08/2026 12:42 PM] |
| Filing 58 Receipt of paper copy of REPLY BRIEF filed at [ # 47 ] by Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation. Number of pages: [40]. Sufficient: Yes. Number of Copies: [4]. Received by clerk date: 09/11/2026. [1002053902] [26-1473] KS [Entered: 09/14/2026 04:24 PM] |
| Filing 47 BRIEF by Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation. Type of Brief: REPLY. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. Response: Sandoz made antitrust allegations against Amgen similar to CareFirst's. Issues here (e.g., significance of injunctions in a causal chain and whether rights to patent applications can be exclusionary) will also arise in the Sandoz appeal (No.26-1309). [1002048876] [26-1473] Elaine Goldenberg [Entered: 09/04/2026 05:02 PM] |
| Filing 60 Receipt of paper copy of AMICUS BRIEF filed at [ # 46 ] by FTC. Number of pages: [39]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 09/15/2026. [1002056018] [26-1473] KS [Entered: 09/16/2026 04:14 PM] |
| Filing 46 AMICUS CURIAE BRIEF by FTC. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1002035969] [26-1473] Robert Silverstein [Entered: 08/17/2026 02:54 PM] |
| Filing 45 APPEARANCE OF COUNSEL by Robert Silverstein for FTC. [1002035961] [26-1473] Robert Silverstein [Entered: 08/17/2026 02:51 PM] |
| Filing 44 DISCLOSURE STATEMENT by American Antitrust Institute. Was any question on Disclosure Form answered yes? No. [1002035846] [26-1473] KS [Entered: 08/17/2026 01:25 PM] |
| Filing 43 APPEARANCE OF COUNSEL by David O. Fisher for American Antitrust Institute. [1002035844] [26-1473] KS [Entered: 08/17/2026 01:24 PM] |
Filing 42
ORDER filed granting filing of amicus curiae brief. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties. [1002035838] [26-1473] KS [Entered: 08/17/2026 01:21 PM]
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Filing 41
ORDER filed granting Motion to file amicus curiae brief as government agency or officer outside time allowed by FRAP 29(e) [ # 34 ]. Amicus brief and appearance of counsel form due 08/20/2026. Disclosure Statement filed (if corporate amicus)? N/A. Appearance Form filed? N. Copies to all parties. [1002035825] [26-1473] KS [Entered: 08/17/2026 01:06 PM]
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| Filing 40 DISCLOSURE STATEMENT by Open Markets Institute. Was any question on Disclosure Form answered yes? No. [1002035567] [26-1473] KS [Entered: 08/17/2026 10:44 AM] |
| Filing 39 APPEARANCE OF COUNSEL by Sandeep Vaheesan for Open Markets Institute. [1002035565] [26-1473] KS [Entered: 08/17/2026 10:44 AM] |
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Filing 38
ORDER filed granting filing of amicus curiae brief by Open Markets Institute. Disclosure Statement filed (if corporate amicus)? Y. Appearance Form filed? Y. Copies to all parties. [1002035561] [26-1473] KS [Entered: 08/17/2026 10:42 AM]
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Filing 37
ORDER filed granting Motion to extend filing time [ # 35 ]. Number of days granted: 7. Reply brief due 09/04/2026. No paper copies required unless case has been tentatively calendared or copies otherwise ordered. Copies to all parties. [1002035380] [26-1473] KS [Entered: 08/17/2026 09:04 AM]
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| Filing 64 Receipt of paper copy of AMICUS BRIEF filed at [ # 36 ] by American Antitrust Institute. Number of pages: [44]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 09/21/2026. [1002060111] [26-1473] KS [Entered: 09/23/2026 09:01 AM] |
| Filing 55 Receipt of paper copy of AMICUS BRIEF filed at [ # 33 ] by Open Markets Institute. Number of pages: [21]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 09/10/2026. [1002053546] [26-1473] KS [Entered: 09/14/2026 12:57 PM] |
| Filing 36 AMICUS CURIAE BRIEF by The American Antitrust Institute. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? NO.. [1002035294] [26-1473] David Fisher [Entered: 08/14/2026 11:30 PM] |
| Filing 35 MOTION by Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation to extend filing time for reply brief until September 4, 2026.. Date and method of service: 08/14/2026 ecf. [1002035280] [26-1473] Adam Lawton [Entered: 08/14/2026 06:14 PM] |
| Filing 34 MOTION by The Federal Trade Commission to file amicus curiae brief as government agency or officer outside time allowed by FRAP 29(e).. Date and method of service: 08/14/2026 ecf. [1002035110] [26-1473] Robert Silverstein [Entered: 08/14/2026 03:13 PM] |
| Filing 33 AMICUS CURIAE BRIEF by Open Markets Institute - amicus curiae. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. Response: Sandoz made antitrust allegations against Amgen similar to CareFirst's. Issues here (e.g., significance of injunctions in a causal chain and whether rights to patent applications can be exclusionary) will also arise in the Sandoz appeal (No.26-1309).. [1002034727] [26-1473] Sandeep Vaheesan [Entered: 08/14/2026 09:58 AM] |
| Filing 62 Receipt of paper copy of RESPONSE BRIEF filed at [ # 32 ] by Carefirst Bluechoice, Inc., Carefirst of Maryland, Incorporated and Group Hospitalization and Medical Services, Inc. Number of pages: [69]. Sufficient: YES. Number of Copies: [4]. Received by clerk date: 09/15/2026. [1002056085] [26-1473] KS [Entered: 09/16/2026 04:46 PM] |
| Filing 32 BRIEF by Carefirst Bluechoice, Inc., Carefirst of Maryland, Incorporated and Group Hospitalization and Medical Services, Inc.. Type of Brief: RESPONSE. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. Response: Sandoz made antitrust allegations against Amgen similar to CareFirst's. Issues here (e.g., significance of injunctions in a causal chain and whether rights to patent applications can be exclusionary) will also arise in the Sandoz appeal (No.26-1309). [1002031178] [26-1473] Thomas Sobol [Entered: 08/07/2026 02:05 PM] |
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Filing 31
ORDER filed deferring action on Motion to Schedule Oral Argument in Nos. 26-1309 & 26-1473 on the Same Date and Before the Same Panel filed by Appellants Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation [ # 30 ]. Copies to all parties. [1002007330] [26-1473] KS [Entered: 07/01/2026 10:36 AM]
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| Filing 30 MOTION by Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation to Schedule Oral Argument in Nos. 26-1473 & 26-1309 on the Same Date and Before the Same Panel.. Date and method of service: 06/30/2026 ecf. [1002007051] [26-1473] Elaine Goldenberg [Entered: 06/30/2026 05:04 PM] |
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Filing 29
ORDER filed granting Motion to extend filing time [ # 28 ]. Number of days granted: 30. Response brief due 08/07/2026. No paper copies required unless case has been tentatively calendared or copies otherwise ordered. Copies to all parties. [1002000228] [26-1473] KS [Entered: 06/22/2026 09:03 AM]
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| Filing 28 MOTION by Carefirst Bluechoice, Inc., Carefirst of Maryland, Incorporated and Group Hospitalization and Medical Services, Inc. to extend filing time for response brief until August 7, 2026.. Date and method of service: 06/19/2026 ecf. [1002000159] [26-1473] David Zimmer [Entered: 06/19/2026 02:46 PM] |
| Filing 57 Receipt of paper copy of APPENDIX filed at [ # 27 ] by Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation. Total number of volumes (including any sealed): [1]. Total number of pages in all volumes: [575]. Total number of sealed volumes: 0. Sufficient? Yes. CD/DVD/Other exhibit? No. Number of copies: [4]. Received by clerk date: 09/11/2026. [1002053898] [26-1473] KS [Entered: 09/14/2026 04:22 PM] |
| Filing 56 Receipt of paper copy of OPENING BRIEF filed at [ # 26 ] by Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation. Number of pages: [74]. Sufficient: Yes. Number of copies: [4]. Received by clerk date: 09/11/2026. [1002053897] [26-1473] KS [Entered: 09/14/2026 04:21 PM] |
| Filing 27 JOINT APPENDIX by Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation. Digital media exhibit volume? No. [1001993220] [26-1473] Elaine Goldenberg [Entered: 06/08/2026 05:42 PM] |
| Filing 26 BRIEF by Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation. Type of Brief: OPENING. . Do any cases pending in this court or the Supreme Court of the United States raise similar issues? YES. Response: Sandoz made antitrust allegations against Amgen similar to CareFirst's. Issues here (e.g., significance of injunctions in a causal chain and whether rights to patent applications can be exclusionary) will also arise in the Sandoz appeal (No.26-1309).. [1001993216] [26-1473] Elaine Goldenberg [Entered: 06/08/2026 05:31 PM] |
| Filing 25 APPEARANCE OF COUNSEL by Whitney E. Street for Carefirst of Maryland, Incorporated, Carefirst Bluechoice, Inc. and Group Hospitalization and Medical Services, Inc.. [1001978347] [26-1473] Whitney Street [Entered: 05/13/2026 02:56 PM] |
| Filing 24 BRIEFING ORDER filed. No paper copies required unless case has been tentatively calendared or copies otherwise ordered. All filings must comply with # Appendix Pagination & Brief Citation Guide . [1001969365] Opening Brief and Appendix due 06/08/2026. Response Brief due 07/08/2026. [26-1473] KS [Entered: 04/29/2026 09:16 AM] |
| Filing 23 DISCLOSURE STATEMENT by Immunex Corporation. Was any question on Disclosure Form answered yes? Yes [1001968979] [26-1473] Elaine Goldenberg [Entered: 04/28/2026 02:53 PM] |
| Filing 22 DISCLOSURE STATEMENT by Amgen Manufacturing Limited LLC. Was any question on Disclosure Form answered yes? Yes [1001968976] [26-1473] Elaine Goldenberg [Entered: 04/28/2026 02:51 PM] |
| Filing 21 DISCLOSURE STATEMENT by Amgen Inc.. Was any question on Disclosure Form answered yes? Yes [1001968969] [26-1473] Elaine Goldenberg [Entered: 04/28/2026 02:49 PM] |
| Filing 20 DOCKETING STATEMENT by Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation.. [1001968963] [26-1473] Elaine Goldenberg [Entered: 04/28/2026 02:46 PM] |
| Filing 19 APPEARANCE OF COUNSEL by Marc C. Greco for Carefirst of Maryland, Incorporated, Group Hospitalization and Medical Services, Inc. and Carefirst Bluechoice, Inc.. [1001965379] [26-1473] Marc Greco [Entered: 04/22/2026 04:50 PM] |
| Filing 18 DISCLOSURE STATEMENT by Group Hospitalization and Medical Services, Inc.. Was any question on Disclosure Form answered yes? Yes [1001964836] [26-1473] Hannah Brennan [Entered: 04/22/2026 11:01 AM] |
| Filing 17 DISCLOSURE STATEMENT by Carefirst of Maryland, Incorporated. Was any question on Disclosure Form answered yes? Yes [1001964831] [26-1473] Hannah Brennan [Entered: 04/22/2026 11:00 AM] |
| Filing 16 DISCLOSURE STATEMENT by Carefirst Bluechoice, Inc.. Was any question on Disclosure Form answered yes? Yes [1001964828] [26-1473] Hannah Brennan [Entered: 04/22/2026 10:59 AM] |
| Filing 15 APPEARANCE OF COUNSEL by Thomas M. Sobol for Carefirst Bluechoice, Inc., Carefirst of Maryland, Incorporated and Group Hospitalization and Medical Services, Inc.. [1001964816] [26-1473] Thomas Sobol [Entered: 04/22/2026 10:51 AM] |
| Filing 14 APPEARANCE OF COUNSEL by Rachel A. Downey for Carefirst Bluechoice, Inc., Carefirst of Maryland, Incorporated and Group Hospitalization and Medical Services, Inc.. [1001964808] [26-1473] Rachel Downey [Entered: 04/22/2026 10:48 AM] |
| Filing 13 APPEARANCE OF COUNSEL by Hannah Brennan for Carefirst Bluechoice, Inc., Carefirst of Maryland, Incorporated and Group Hospitalization and Medical Services, Inc.. [1001964795] [26-1473] Hannah Brennan [Entered: 04/22/2026 10:37 AM] |
| Filing 12 APPEARANCE OF COUNSEL by David Zimmer for Carefirst Bluechoice, Inc., Carefirst of Maryland, Incorporated and Group Hospitalization and Medical Services, Inc.. [1001964513] [26-1473] David Zimmer [Entered: 04/21/2026 04:32 PM] |
| Filing 11 APPEARANCE OF COUNSEL by Rohit Singla for Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation. [1001964445] [26-1473] Rohit Singla [Entered: 04/21/2026 03:54 PM] |
| Filing 10 APPEARANCE OF COUNSEL by Adam R. Lawton for Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation. [1001964397] [26-1473] Adam Lawton [Entered: 04/21/2026 03:14 PM] |
| Filing 9 APPEARANCE OF COUNSEL by Uriel Rabinovitz for Carefirst Bluechoice, Inc., Carefirst of Maryland, Incorporated and Group Hospitalization and Medical Services, Inc.. [1001964396] [26-1473] Uriel Rabinovitz [Entered: 04/21/2026 03:13 PM] |
| Filing 8 APPEARANCE OF COUNSEL by Peter D. St. Phillip, Jr. for Carefirst Bluechoice, Inc., Carefirst of Maryland, Incorporated and Group Hospitalization and Medical Services, Inc.. [1001964395] [26-1473] Peter St Phillip [Entered: 04/21/2026 03:12 PM] |
| Filing 7 APPEARANCE OF COUNSEL by Justin P. Raphael for Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation. [1001964279] [26-1473] Justin Raphael [Entered: 04/21/2026 01:39 PM] |
| Filing 6 APPEARANCE OF COUNSEL by Sarah E. Weiner for Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation. [1001964246] [26-1473] Sarah Weiner [Entered: 04/21/2026 01:19 PM] |
| Filing 5 APPEARANCE OF COUNSEL by Elaine J. Goldenberg for Amgen Inc., Amgen Manufacturing Limited LLC and Immunex Corporation. [1001964243] [26-1473] Elaine Goldenberg [Entered: 04/21/2026 01:16 PM] |
| Filing 4 DOCKETING NOTICE issued Re: [ # 1 ] case. Originating case number: 2:24-cv-00484-AWA-LRL. Mailed to: Girnys, Griffith, Kopel, Kravis, Lambert, Morera, Radice, Story, Teller. [1001963849] [26-1473] CH [Entered: 04/21/2026 09:35 AM] |
| Filing 3 FEE NOTICE issued to Elaine Janet Goldenberg, Jonathan Ian Kravis, Adam R. Lawton, Mr. Stephen Edward Noona, Justin Paul Raphael, Rohit Kumar Singla, Faye Paul Teller, Sarah E. Weiner - initial notice. Fee or application to proceed as indigent due 05/21/2026 Originating case number: 2:24-cv-00484-AWA-LRL. Mailed to: Girnys, Griffith, Kopel, Kravis, Lambert, Morera, Radice, Story, Teller. [1001963835] [26-1473] CH [Entered: 04/21/2026 09:30 AM] |
| Filing 2 Case transferred from miscellaneous docket 26-139. Record complete? No. [1001963830] [26-1473] CH [Entered: 04/21/2026 09:25 AM] |
| Filing 1 Case docketed. Originating case number: 2:24-cv-00484-AWA-LRL Case manager: CHalupa. [1001963609] [26-1473] CH [Entered: 04/20/2026 05:18 PM] |
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