Litigation Updates on Pegfilgrastim and Dupilumab

Pegfilgrastim litigation 

We had previously covered Judge Stark’s grant of Coherus’s motion to dismiss Amgen’s complaint alleging infringement of the ‘707 patent in Amgen v. Coherus. Today, Judge Stark entered judgment against Amgen and dismissed the case.

In the Amgen v. Mylan litigation earlier covered here, Mylan recently filed a motion for judgment on the pleadings regarding Amgen’s assertion of the ‘707 patent. Mylan’s motion argues that it is similarly situated to Coherus in Amgen v. Coherus: it does not use the claimed salt pairings and as Judge Stark held, Amgen disclaimed other salt combinations. Mylan’s motion also argues that Amgen disclaimed concentrations of salt that are even higher in its own product.

The ‘707 patent has also recently been asserted against Adello regarding its biosimilar filgrastim aBLA, covered here.

Dupilumab litigation

In Immunex’s patent infringement suit against Defendants Sanofi and Regeneron regarding their Dupixent® (dupilumab) biologic product, the court has set a hearing on April 27, 2018 regarding Defendants’ motion for summary judgment of invalidity as covered here.