Contradiction Ends Amgen's Neulasta IP Suit, Fed. Circ. Says

Law360 (July 29, 2019, 6:12 PM EDT) -- Amgen can't win an infringement suit over its blockbuster anti-infection medicine Neulasta by relying on an argument it expressly disavowed at the Patent Office, the Federal Circuit said Monday.

The U.S. Patent and Trademark Office only approved Amgen Inc.'s purifying protein patent when the company stressed that its invention required the use of one particular pair of salts. Amgen can't now claim to own the rights to additional salt pairs, such as the one used by defendant Coherus BioSciences Inc., when the singular salt pair limitation was key to the patent's approval, the Federal Circuit said. 

"We agree with the district court that, during prosecution...

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