On June 16, 2021, the District Court for the District of Delaware issued a claim construction order construing a key term in the ongoing patent dispute between Amgen and Hospira over Hospira’s proposed biosimilar of Amgen’s Neulasta® (pegfilgrastim). In the Order, the Court construed the term “between about 0.1 M and about 1.0” to have “its plain and ordinary meaning (that is, ‘between approximately 0.1 M and approximately 1.0 M’) and is not a functional limitation.”
After issuing the claim construction order, the Court also issued a second order that stayed the case “until a determination is made about whether the Court should entertain summary judgment practice on the issue of noninfringement.” The Court further ordered that the parties shall jointly submit a status update by July 12, 2021.
The Parties previously indicated in a joint letter that the claim term “between about 0.1 M and about 1.0” is “central to the parties’ disputes” and potentially dispositive of the issue of infringement.