After winning a preliminary injunction in Amgen v. Apotex, Amgen now hopes to capitalize on that win in another pending BPCIA case, Amgen v. Hospira, which is being litigated in the District of Delaware. Amgen filed a notice of supplemental authority in the Hospira case citing the Florida District Court’s order in Apotex in an attempt to provide further support for Amgen’s position in Hospira.
As covered in a previous post, Apotex is appealing the preliminary injunction order in the Federal Circuit.
Stay tuned for further updates.
UPDATED Dec. 11, 2015: Janssen has now also filed a notice of supplemental authority on the Amgen v. Apotex preliminary injunction ruling, in Janssen v. Celltrion. Janssen’s notice is available here.