Marshall Gerstein Trial Team Wins $70 Million Jury Verdict for Amgen Inc.

September 22, 2017

On Friday, September 22, following a one-week jury trial, Marshall Gerstein partners John R. Labbé, Kevin M. Flowers, Ph.D., Mark H. Izraelewicz, and Julianne M. Hartzell secured a verdict of $70 million for long-time client Amgen Inc. in its patent-infringement lawsuit against Hospira, Inc., involving Hospira’s Retacrit® biosimilar version of Amgen’s blockbuster anemia drug EPOGEN®. This is the first jury verdict in a case filed under the Biologics Price Competition and Innovation Act (the “BPCIA”), which was enacted in 2010 to create an abbreviated pathway for the approval of biosimilar therapies—biological products that are highly similar to previously licensed innovative biological products. Read more here: “Amgen Gets $70M in Biosimilar Patent Suit Against Hospira,” Law360, September 22, 2017.

Additional coverage on the case includes: 

"Hospira Must Pay Amgen $70 Million in Biosimilar Patent Case," Thomson Reuters, September 25, 2017. 

"Delaware Jury Awards Amgen $70M in Patent Dispute with Hospira," Managing Intellectual Property, September 28, 2017. 

"Law360's Weekly Verdict: Legal Lions & Lambs," Law360, September 28, 2017. 

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