The Federal Circuit today issued its formal mandate in Amgen v. Sandoz, as promised in its October 16th order denying the parties’ petitions for rehearing in the case. With the issuance of the formal mandate, the Federal Circuit has officially ordered that its July opinion in the case must now be implemented. Had…
As we reported in an earlier post, AbbVie filed a Citizen Petition on June 2, 2015 demanding that FDA impose particular labeling requirements on biosimilar applicants. Since then, several entities have submitted comments regarding AbbVie’s petition—some in support and others adamantly opposing—and AbbVie has supplemented its original petition. We’ve summarized those submissions in…
IPR2015-01514 (Amgen Inc.) (U.S. Patent No. 8,916,157) Petitioner: Amgen Inc. Patent: U.S. Patent No. 8,916,157 Patent Title: Formulation of human antibodies for treating TNF-α associated disorders Patent Owner: AbbVie Biotechnology Ltd. IPR2015-01517 (Amgen Inc.) (U.S. Patent No. 8,916,158) Petitioner: Amgen Inc. Patent: U.S. Patent No. 8,916,158 Patent Title: Formulation of human antibodies for…
As discussed in earlier coverage, Amgen has now made good on its intention to seek a preliminary injunction against Apotex. Amgen looks to block Apotex from marketing its Neulasta biosimilar before the expiration of the 180-day pre-marketing notice following FDA approval. Apotex has previously argued that the Federal Circuit’s panel decision…
The Federal Circuit has denied the petitions for panel rehearing and for rehearing en banc in Amgen v. Sandoz. The order denying the petitions is available here.
As we reported in a previous post, Amgen is the plaintiff in another suit litigating the patent information provisions of the BPCIA, this time against Hospira. Amgen’s complaint alleged that Hospira violated the BPCIA by (1) not providing manufacturing information within 20 days of FDA’s acceptance of Hospira’s biosimilar application for review…
Momenta and Baxalta have announced a global clinical trial to study the safety, efficacy and immunogenicity of M923, a biosimilar to AbbVie’s Humira (adalimumab). The trial is intended to support regulatory filings in both the U.S. and the E.U. with the goal of launching commercially in 2018. Read more here.
As we’ve reported previously, the parties in Amgen v. Apotex have completed the first wave of the BPCIA patent dance and are now litigating the first round of patent infringement claims. In its complaint, Amgen also alleged that Apotex provided Amgen with an “ineffective” Notice of Commercial Marketing pursuant to 42 U.S.C. §…
We recently posted about the PTAB declining to sanction CFAD for filing IPRs. In light of that holding, Erich Spangenberg, owner of nXn Partners, revealed his intention to make publicly available substantially final draft versions of IPR petitions for pharmaceutical patents that he believes are invalid. Spangenberg does not care who…
On October 5, 2015, Apotex filed its answer and counterclaims in the ongoing Amgen v. Apotex Neulasta® (pegfilgrastim) litigation. As we previously reported, Amgen’s complaint alleged that Apotex provided Amgen with an “ineffective” Notice of Commercial Marketing pursuant to 42 U.S.C. § 262(l)(8)(A), because “a subsection (k) applicant may only give…