Supreme Court of Canada denies Amgen leave to appeal decision invalidating its filgrastim patent

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As previously reported, Amgen sought leave to appeal a decision of the Federal Court of Appeal (2020 FCA 188) affirming Justice Southcott’s decision that the relevant claims of its filgrastim (NEUPOGEN) patent were invalid for obviousness. On July 9, 2021, the Supreme Court of Canada denied leave to Amgen (Docket No. 39530).

Amgen has discontinued its pending patent infringement actions under the PMNOC Regulations against biosimilar manufacturers Mylan (FULPHILA), Purdue Pharma (PELMEG), and Sandoz (ZIEXTENZO).

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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