BREAKING NEWS: Jury’s $70M Award Against Hospira for Infringing Amgen’s Epoetin Patent Survives Post-Trial Motions


As we previously reported, last September a District of Delaware jury issued a verdict that Hospira’s manufacture of 14 batches of drug substance in connection with its proposed biosimilar of Amgen’s Epogen® (epoetin alfa) was not protected activity under the § 271(e)(1) safe harbor and infringed Amgen’s ’298 patent, and awarded Amgen $70 million as a reasonable royalty for such infringement.  In October, Hospira filed post-trial motions for judgment as a matter of law of no infringement and invalidity, and in the alternative, requested a new trial or recalculation of damages.  Amgen also filed its own post-trial motions regarding a second asserted patent, the ’349 patent, which the jury found not to be infringed.  The parties completed briefing late last year and have been awaiting a decision on the motions ever since.

The trial judge, Judge Andrews, just issued a Memorandum Opinion, denying all of Hospira’s motions.  The district court ruled in Amgen’s favor as to infringement of the ’298 patent and awarded Amgen $70 million, plus certain pre- and post-judgment interest.  In addition, the court denied Hospira’s requests for a new trial and recalculation of damages, and denied Amgen’s motion for judgment as a matter of law as to the ’349 patent.  As a consequence of today’s decision, the jury’s award of $70 million in damages stands, pending a potential appeal to the Federal Circuit.

Stay tuned for further developments.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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