Epogen Biosimilar Jury Verdict May Ignite New 'Safe Harbor' Battle

Amgen awarded $70m in damages after jury finds certain batches of Hospira's Epogen biosimilar infringed a manufacturing process patent; case offers 'juicy legal issue' for Federal Circuit to address.

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A jury verdict that Hospira Inc.'s pre-approval manufacture of several batches of its biosimilar to Amgen Inc.'s Epogen (epoetin alfa) infringed one of Amgen's manufacturing process patents could lead to a new fight over how much biosimilar production is permitted for an FDA submission.

In its Sept. 22 verdict, a jury of the US District Court for the District of Delaware concluded that...

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