Summary Judgment Practice Scheduled in Amgen v. Hospira Pegfilgrastim Case

Goodwin
Contact

Goodwin

As we previously reported, Judge Connolly of the District of Delaware stayed the dispute between Amgen and Hospira last month, pending a determination on whether the Court should entertain summary judgment practice on the issue of noninfringement.

Last week, the parties submitted a joint letter to the Court on the issue of summary judgment practice.  Defendants argued for early summary judgment practice, while Plaintiffs opposed, seeking an opportunity for additional discovery.

On July 14, 2021, the Court issued an order rejecting the Plaintiffs’ proposal, concluding that “additional discovery sought by Plaintiffs is not necessary for summary judgment practice to move forward.”  Judge Connolly noted that “the purpose of the June 11 [Markman] hearing was to provide both sides an opportunity to adduce whatever evidence they deemed necessary for the Court to construe the salt concentration limitation,” a key term in the dispute, and to “streamline the case for a potential summary judgment motion based on that construction.”

The Court’s July 14 order further set the briefing schedule for summary judgment, with Defendants’ Opening Brief to be filed by August 6, 2021, and Plaintiffs’ answer due on September 3.

On July 16, 2021, Plaintiffs filed a short letter to Judge Connolly seeking clarification of the July 14 order—Plaintiffs noted that they “did not understand the purpose of the claim construction hearing was to present evidence as to the comparison of the construed claims to the accused process (the second step of the infringement analysis),” but rather understood the purpose of the claim construction hearing was to present any evidence relevant to claim construction.  On that basis, Plaintiffs sought clarification as to whether they will have an opportunity to present evidence as to their doctrine of equivalents argument, and, if they will not, requested the ability “to further address the proper scope of briefing” on summary judgment.

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.

© Goodwin | Attorney Advertising

Written by:

Goodwin
Contact
more
less

Goodwin on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.