Amgen's Biosimilar IP Win Was Wrong, Hospira Tells Fed. Circ.

Law360 (December 11, 2018, 8:52 PM EST) -- Hospira has urged the Federal Circuit to toss a $70 million jury verdict finding its biosimilar version of Amgen Inc.’s blockbuster anemia treatment Epogen infringed an Amgen patent, arguing its drug production was protected by a safe harbor for companies seeking federal approval for biosimilar products.

In Monday’s 66-page opening brief, Hospira urged the appellate court to toss a Delaware jury’s verdict finding that it infringed Amgen’s patent that covers the creation of specialized erythropoietin protein cells, or EPO, that stimulate the creation of red blood cells in anemia patients. The jury found that only seven of the 21 drug batches created...

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