Fed. Circ. Looks At Early Statements In Neulasta Patent Row

By Matthew Bultman (October 3, 2017, 7:56 PM EDT) -- Federal Circuit judges on Tuesday questioned how much weight courts should put on statements made in the prelitigation process by companies making copycat versions of biologic drugs, as Amgen looks to overturn a ruling that cleared Apotex of infringing a patent related to its blockbuster biologic Neulasta.

The 40-minute argument at the Benjamin Cardozo School of Law in Manhattan came in an appeal that was filed after a Florida federal judge last year ruled Apotex's Neulasta and Neupogen biosimilars did not infringe Amgen's patent.

Much of the argument focused on what to do with statements that Apotex made in pre-litigation letters...

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