Amgen prevails in Epogen patent dispute with Hospira

An appeals court has affirmed a lower court verdict that Pfizer Hospira's unit’s proposed Epogen biosimilar infringes on Amgen's U.S. Patent No. 5,856,298, upholding $70 million in damages awarded in September 2017.

According to a report in ipWatchdog, in an opinion authored by Judge Moore, the Court of Appeals for the Federal Circuit affirmed the District of Delaware’s decision that U.S. Patent No. 5,856,298 (the ‘298 patent) belonging to Amgen was infringed by Hospira and not invalid; 14 batches of drug substance for Hospira’s erythropoietin biosimilar drug product were not covered by the Safe Harbor provision of 35 USC § 271(e)(1); and Amgen had proven that it was entitled to a jury verdict of $70 million in damages.

Additionally, the CAFC affirmed the jury’s verdict of noninfringement of U.S. Patent No. 5,756,349 (the ‘349 patent).