Amgen Obtains $70 Million Damages Award Against Hospira For Infringement Of Amgen’s Erythropoetin Patent

Fitzpatrick Case Update
September 27, 2017

On September 22, 2017, a District of Delaware jury in the matter Amgen v. Hospira, 15-cv-839-RGA (D. Del.) returned a verdict awarding Amgen $70 million for Hospira’s infringement of an Amgen patent covering the manufacture of Amgen’s erythropoetin product Epogen®.  That verdict is the first instance in which a patent owner has recovered significant infringement damages under the Biologics Price Competition and Innovation Act (BPCIA).  It is also the first time a patent owner has recovered damages under the BPCIA for acts of infringement by a competitor conducted prior to the commercial marketing of the competitor’s biosimilar product.

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