Last week, Hospira filed a motion for summary judgment of non-infringement asserting that “all of Hospira’s accused erythropoietin drug substance batches are protected by the safe harbor provisions of 35 U.S.C. § 271(e)(1) and thus do not infringe U.S. Patent Nos. 5,756,349 and 5,856,298.” Hospira further stated that it does not infringe the asserted claims of U.S. Patent No. 5,856,298, directed to EPO isoforms and methods of preparing such isoforms, either literally or under the doctrine of equivalents.

Hospira’s motion asserts that the complete grounds for the motion are laid out in Hospira. Inc.’s Opening Brief in Support of Its Motion for Summary Judgment of Non-Infringement, which was filed under seal. Stay tuned for updates on this case.