Recently, Amgen's attempt to block Zarxio failed. A federal court in California interpreted a provision of the BPCIA not to require these disclosures and negotiations. Had Zarxio's manufacturer negotiated with Amgen, it could have received a temporary safe harbor against actions alleging infringement. However, the court held that not engaging in the disclosures was within the company's rights as well, finding the disclosure and negotiation requirements only applicable when a company chooses to engage in the negotiation process.