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Amgen Obtains $70 Million Damages Award Against Hospira For Infringement Of Amgen’s Erythropoetin Patent

by Christopher E. Loh
September 27, 2017

On September 22, 2017, a District of Delaware jury in the matter Amgen v. Hospira, 15-cv-839-RGA (D. Del.) returned a verdict awarding Amgen $70 million for Hospira’s infringement of an Amgen patent covering the manufacture of Amgen’s erythropoetin product Epogen®.  That verdict is the first instance in which a patent owner has recovered significant infringement damages under the Biologics Price Competition and Innovation Act (BPCIA).  It is also the first time a patent owner has recovered damages under the BPCIA for acts of infringement by a competitor conducted prior to the commercial marketing of the competitor’s biosimilar product.

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Christopher Loh has extensive experience counseling clients and litigating matters involving biotechnology and life sciences, including in the areas of antibody biosimilars, targeted cancer therapies, diabetes treatments and siRNA technologies. Christopher has a B.S. in Molecular Biochemistry and Biophysics and in Economics from Yale University.

    Methodology

    Information contained in the Venable BiologicsHQ database relates to FDA-approved drug products listed in the CDER Purple Book or on the FDA website (www.fda.gov). Information relating to FDA licensed products, FDA-approved indications, and aBLA and 505(b)(2) applications is obtained from public sources including the U.S. FDA website (www.fda.gov). Information relating to litigations is given only for cases active from January 31, 2010 onward. Information relating to foreign biosimilar / biologics follow-on products approved in Australia, Canada, the E.U., Japan and South Korea is from public sources. Statistics graphics are compiled from information contained in the Venable BiologicsHQ database.

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