Final Judgment Entered Against Hospira for Infringing Amgen’s Epoetin Patent

As we have previously reported, a jury in September 2017 issued a $70,000,000 verdict against Hospira based on its drug substance manufacturing activity in 2013-2015 in connection with its biosimilar of Amgen’s Epogen® (epoetin alfa).  The parties then engaged in post-trial motion practice, seeking to overturn various portions of the verdict, but last month, Judge Andrews denied those motions, upheld the jury verdict, and additionally awarded Amgen certain pre- and post-judgment interests.

On September 11, 2018, the court entered a Final Judgment in the matter, awarding Amgen $70 million in damages, plus (a) pre-judgment interest of approximately $10 million and (b) post-judgment interest from September 25, 2017 until such date that Hospira satisfies the Final Judgment, computed daily and compounded annually at a rate of 1.31%.

The entry of final judgment opens a 30-day window for the parties to appeal any aspect of the judgment to the Federal Circuit, which means that a notice of appeal must be filed by October 30, 2018.