News & Analysis as of

Apotex BPCIA

Goodwin

Amgen and Accord End Filgrastim, Pegfilgrastim Biosimilar Litigation

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On November 14, 2019, the parties in the Amgen v. Accord (previously Apotex) follow-on BPCIA litigation filed a Stipulation of Dismissal, agreeing “to the dismissal, without prejudice, of all remaining claims and...more

Goodwin

Biosimilar-Related Patent Litigation Updates

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Here are some recent developments in U.S. legal proceedings relating to biosimilars: On December 10, 2018, in the Southern District of Florida, Apotex filed a motion to dismiss the patent infringement complaint that Amgen...more

Patterson Belknap Webb & Tyler LLP

Amgen Brings Third BPCIA Lawsuit Against Apotex After Losing Two Other

Amgen has sued Apotex in connection with Apotex’s efforts to market biosimilar versions of Amgen’s cancer drugs Neupogen (filgrastim) and Neulasta (pegfilgrastim). In a complaint filed on August 7 in the Southern District of...more

Goodwin

IPR Updates

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Below are recent updates in biosimilar-related IPR proceedings: GENERAL BIOLOGICS PATENTS - On December 1, 2017, the Board granted institution of four IPRs on Celltrion’s petitions (IPR2017-01373 and IPR2017-01374) and...more

Fish & Richardson

Federal Circuit Provides Guidance on Probative Value of “Patent Dance” Letters and aBLA Parameters in an Infringement Analysis

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On November 13th, in an opinion drafted by Judge Taranto, the Federal Circuit affirmed the Southern District Court of Florida’s judgment that Apotex’s biosimilar versions of Neulasta® and Neupogen® do not infringe Amgen’s...more

Fish & Richardson

Biosimilar Litigants Dispute Probative Value of Statements Exchanged During the Patent Dance

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Patent owner Amgen has appealed to the Federal Circuit seeking to overturn a non-infringement ruling with respect to Apotex’s manufacturing processes for its biosimilar versions of Amgen’s NEULASTA® (pegfilgrastim) and...more

Goodwin

BPCIA Litigation Roundup (Fall 2016)

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Below is our Fall 2016 update on the U.S. patent litigations concerning proposed or approved biosimilar products. For additional details, please consult our BPCIA Litigation Summary Chart or our previous quarterly update...more

Goodwin

Apotex Files Reply in Support of Its Petition for Certiorari

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On November 21, 2016, Apotex submitted a reply brief in support of its petition for certiorari. A procedural note: the case was also distributed on November 21 for consideration at the Supreme Court’s private conference...more

Fish & Richardson

Amgen Opposes Apotex’s Petition for Certiorari

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On November 8, 2016, Amgen asked the Supreme Court to deny Apotex’s September 9, 2016 petition for review in Apotex v. Amgen, No. 16-332. Apotex had asked the High Court to clarify 42 U.S.C. § 262(l)(8)(A) of the Biologics...more

Goodwin

Mylan Files Amicus Brief in Support of Certiorari in Amgen v. Apotex

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Mylan filed an amicus brief in support of Apotex’s petition for certiorari in Amgen v. Apotex. Mylan’s arguments focus on the Federal Circuit’s interpretation of the BCPIA as requiring 180 days of pre-marketing notice after...more

Fish & Richardson

Mylan and the Biosimilars Council Urge Supreme Court to Overturn Amgen v. Apotex

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On October 14, 2016, Mylan Pharmaceuticals and the Biosimilars Council, a subsidiary of the Generic Pharmaceuticals Association (GPhA), filed amicus briefs in support of granting review in Apotex v. Amgen, No. 16-332. As...more

Goodwin

Amgen v. Apotex: Amgen Appeals Non-Infringement Judgment in Filgrastim/Pegfilgrastim Dispute

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Last week, Amgen filed a notice of appeal to the Federal Circuit from the district court’s judgment of non-infringement. The Federal Circuit has docketed the appeal as Case No. 17-1010. Amgen’s opening brief will be due in...more

Fish & Richardson

Amgen Appeals Loss of Neulasta® and Neupogen® Litigation

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On October 3, 2016, Amgen filed a Notice of Appeal in the U.S. District Court for the Southern District of Florida and thereby laid the groundwork for its next move in the ongoing Amgen v. Apotex dispute. (D.I. 272.) - ...more

Patterson Belknap Webb & Tyler LLP

Apotex Prevails in Neulasta Biosimilar Litigation, Files for Cert on 180-Day Issue

Among the first generation of biosimilar litigation under the Biologics Price Competition and Innovation Act (BPCIA) is a dispute between Amgen and Apotex over Apotex’s proposed biosimilar versions of Amgen’s Neupogen...more

Mintz - Intellectual Property Viewpoints

Apotex to Supreme Court: Review BPCIA 180-Day Notice Requirement

On September 9, 2016, Apotex Inc. filed a petition for writ of certiorari in the U.S. Supreme Court seeking review of the Federal Circuit’s decision in Amgen Inc. v. Apotex Inc., Case No. 2016-1308. This case involves...more

Goodwin

Amgen v. Apotex, Petition for Certiorari

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We have been closely following the Amgen v. Apotex case. On September 9, 2016, Apotex petitioned the Supreme Court for certiorari to review the Federal Circuit’s decision. In its petition, Apotex presents two questions for...more

Fish & Richardson

The Dance Continues: Apotex Petitions the Supreme Court for Review

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On September 9, 2016, Apotex Inc. petitioned the United States Supreme Court for a writ of certiorari seeking review of the Federal Circuit’s July 2016 ruling in Amgen v. Apotex (Apotex) holding that the 180-day commercial...more

Foley & Lardner LLP

Apotex Biosimilar Cleared Of Infringement But Pre-Marketing Notice Still Required

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In what may be the first decision on the merits in a patent infringement suit brought under the Biologics Price Competition and Innovation Act (BPCIA), the U.S. District Court for Southern District of Florida has found that...more

Fish & Richardson

Amgen Loses BPCIA Suit Against Apotex’s Neulasta® and Neupogen® Biosimilars

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Amgen’s claims against Apotex’s Neulasta® (pegfilgrastim) and Neupogen® (filgrastim) biosimilars have failed at the district court level. On September 6, 2016, the District Court for the Southern District of Florida found no...more

McDermott Will & Emery

BPCIA 180-Day Notice of Intent to Market a Biosimilar Is Required, Enforceable by Injunction

In an opinion that details many intricacies of both the Biologics Price Competition and Innovation Act of 2009 (BPCIA) and related portions of the Patent Act, the US Court of Appeals for the Federal Circuit affirmed a...more

Patterson Belknap Webb & Tyler LLP

The Ripple Effect of the Federal Circuit’s Decision in Amgen v. Apotex on Biosimilar Litigation

In July, the Federal Circuit decided Amgen v. Apotex, No. 2016-1308 (Fed, Cir. July 5, 2016), its second decision interpreting the U.S. biosimilar statute, the Biologics Price Competition and Innovation of Act of 2009...more

Goodwin

BPCIA Litigation Roundup (Summer 2016)

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Below is a brief summary of each of the U.S. patent litigations concerning a proposed or approved biosimilar product....more

Fish & Richardson

Apotex Takes Aim at Amgen Patent in IPR Petition After Being Sued Under the BPCIA

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Many biosimilar applicants have resorted to inter partes review (IPR) proceedings to challenge innovator patents as an alternative forum to district court litigation under the BPCIA. For those biosimilar applicants that...more

Goodwin

BPCIA Litigation Updates: Amgen v. Apotex, Immunex v. Sandoz, Janssen v. Celltrion

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A few BPCIA litigation updates to wrap up the week for our readers, looking ahead to next week: ..The Federal Circuit issued its formal mandate in Amgen v. Apotex yesterday. With the issuance of the formal mandate, the...more

Fish & Richardson

Amgen Can Enforce Notice of Commercial Marketing for Epogen® Biosimilar

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Hospira’s motion to dismiss Count I of Amgen’s complaint has been denied, and Amgen will be able to seek declaratory judgment relief in the form of an injunction requiring Hospira to comply with the notice of commercial...more

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