Final Judgment Entered Against Hospira for Infringing Amgen’s Epoetin Patent


As we have previously reported, a jury in September 2017 issued a $70,000,000 verdict against Hospira based on its drug substance manufacturing activity in 2013-2015 in connection with its biosimilar of Amgen’s Epogen® (epoetin alfa).  The parties then engaged in post-trial motion practice, seeking to overturn various portions of the verdict, but last month, Judge Andrews denied those motions, upheld the jury verdict, and additionally awarded Amgen certain pre- and post-judgment interests.

On September 11, 2018, the court entered a Final Judgment in the matter, awarding Amgen $70,000,000 in damages, plus (a) pre-judgment interest of approximately $10 million and (b) post-judgment interest from September 25, 2017 until such date that Hospira satisfies the Final Judgment, computed daily and compounded annually at a rate of 1.31%.

The entry of final judgment opens a 30-day window for the parties to appeal any aspect of the judgment to the Federal Circuit, which means that a notice of appeal must be filed by October 30, 2018.

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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