BREAKING NEWS: Federal Circuit Affirms Sandoz’s Victory Over Amgen in Filgrastim and Pegfilgrastim Biosimilar Patent Litigation

This morning, the Federal Circuit issued a precedential opinion affirming the district court’s judgment of non-infringement in favor of Sandoz in its BPCIA litigation against Amgen concerning Sandoz’s Zarxio® (filgrastim-sndz) biosimilar product and proposed pegfilgrastim biosimilar.  As we previously reported, in December 2017 the Northern California district court granted summary judgment of non-infringement in favor of Sandoz regarding both of its biosimilars, and Amgen appealed that decision based on the position that the district court applied incorrect claim constructions.  In today’s opinion, the Federal Circuit rejected Amgen’s claim construction arguments and therefore affirmed the district court’s judgment.