Biosimilar Safe Harbors Need Record Of Non-Commercial Use, Epogen Ruling Suggests

Federal Circuit affirms jury's $70m award to Amgen and finding that some Hospira biosimilar batches were not protected by the safe harbor. Decision conveys how biosimilar makers can obtain this protection from infringement suits.

Wollongong lighthouse providing safe harbor
Federal Circuit finds Hospira's Epogen biosimilar batches were outside safe harbor from infringement suit

The US Court of Appeals for the Federal Circuit's finding that Hospira Inc.'s manufacture of several batches of its biosimilar to Amgen Inc.'s Epogen (epoetin alfa) infringed an Amgen manufacturing process patent provides a cautionary message for biosimilar makers: make sure production of the product is "reasonably related" to seeking approval by the US Food and Drug Administration.

In a 16 December opinion, a three-judge panel unanimously affirmed a jury verdict that Hospira (now a subsidiary of Pfizer Inc.) was not protected by the "safe harbor"...

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