Full Fed. Circ. Won't Let Hospira Escape $70M Epogen IP Loss

Law360 (March 16, 2020, 8:25 PM EDT) -- The full Federal Circuit on Monday said it won't review a $70 million infringement verdict against Hospira Inc. in a fight over its biosimilar version of Amgen's biologic Epogen.

The en banc court wasn't persuaded by Hospira's claims that the panel undermined a drug development and approval safe harbor when affirming Amgen's award. The original panel also refused to rehear the case. 

The panel in December upheld a jury verdict out of Delaware, which said 14 batches of Hospira's approved biosimilar Retacrit weren't covered by a Patent Act safe harbor that allows infringement specifically for the development and submission of new...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!