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.