Hospira Intends To Refile Motion To Dismiss in Amgen Litigation

Amgen v. Hospira (epoetin alfa)  •  Biosimilar News  •  BPCIA and Related U.S. Statutes

In the wake of Amgen’s decision to drop Count II from its Complaint, which sought declaratory judgment that Hospira’s failure to provide manufacturing information violates 42 U.S.C. § 262(l)(2)(A), (discussed on the blog here), Hospira has sent a letter to the Court stating that it intends to refile its motion to dismiss.  The refiled motion will challenge Count I, which seeks declaratory judgment that Hospira’s refusal to give legally effective notice of commercial marketing violates 42 U.S.C. § 262(l)(8)(A).

Hospira’s letter is available here.

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