Apotex's Neulasta, Neupogen Biosimilars Clear Legal Hurdles, But Approval Questions Remain

Federal appeals court affirms ruling that Apotex's biosimilars do not infringe Amgen's manufacturing process patent, but its applications have stalled at FDA for the past three years.

Court of Appeals for Federal Circuit Lafayette Park Across from White House Washington DC
US Court of Appeals for the Federal Circuit rules in favor of Apotex on Amgen's infringement claims.

Apotex Inc. faces no current legal barriers to the launch of its biosimilars to Amgen Inc.'s Neulasta (pegfilgrastim) and Neupogen (filgrastim) now that the US Court of Appeals for the Federal Circuit has ruled they do not infringe Amgen's manufacturing process patent. But the fate of Apotex's applications at FDA remain uncertain three years after they were filed.

In a Nov. 13 decision, the Federal Circuit affirmed a district court ruling that Apotex's biosimilars do not infringe patent No

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