Litigation Update: Amgen and Sandoz Stipulate to Dismiss ‘784 Patent


The parties in Amgen v. Sandoz (N.D. Cal.) (filgrastim, pegfilgrastim) have submitted a joint stipulation to dismiss, without prejudice, Amgen’s U.S. Patent No. 5,824,784 patent from the litigation. The ‘784 patent is directed to certain N-terminally chemically modified protein compositions, as well as methods of treatment and manufacture.  With dismissal of the ‘784 patent, Amgen’s U.S. Patent No. 8,940,878, directed to methods of purifying certain proteins, will be the remaining asserted patent against Sandoz in relation to its biosimilar pegfilgrastim product.  With respect to Sandoz’s filgrastim biosimilar, Amgen has asserted the ’878 patent as well as U.S. Patent No. 6,162,427, directed to methods of treatment using filgrastim.

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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