Amgen v. Hospira: Amgen’s Appeal to the Fed. Cir. Will Proceed on the Merits

As we reported, in a litigation regarding Hospira’s planned biosimilar for Amgen’s epoetin alfa, sold under the brand names Epogen and Procrit, in May, 2016, the District Court (D.Del., J. Andrews) denied Amgen’s motion to compel Hospira to produce two contested categories of documents, finding that Amgen had not shown that the information sought was relevant to the charges of infringement of the patents that were asserted in the case.  Amgen then appealed that ruling to the Federal Circuit, and Hospira moved to dismiss that appeal on grounds that the court lacks subject matter jurisdiction because the District Court had not yet issued a final judgment in the case.  On August 12, the Federal Circuit denied Hospira’s motion to dismiss the appeal and ordered the parties to address both the merits of the discovery dispute and the issue of jurisdiction in their briefs.  Amgen’s brief is due on September 12, 2016.