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...

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