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Fed. Circ. Clears Apotex In Neulasta Biosimilar Patent Row

Law360, New York (November 13, 2017, 8:51 PM EST) -- A Federal Circuit panel upheld a lower court ruling that found Apotex Inc. did not infringe a patent covering Amgen Inc.’s blockbuster drug Neulasta, while clarifying the amount of weight courts should put on statements made in the prelitigation process by companies making biosimilars.

The appeals court said Judge James I. Cohn in the Southern District of Florida did not err when he ruled in September 2016 that Apotex’s copycat versions of Neulasta and Neupogen did not infringe Amgen’s patent.

Amgen raised various issues on appeal,...
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Case Information

Case Title

Amgen Inc. v. Apotex Inc.

Case Number



Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

October 4, 2016

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