Another Amgen BPCIA Suit Against Sandoz

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Three Fish & Richardson attorneys say that Amgen has filed another Biologics Price Competition and Innovation Act (BPCIA)suit against Sandoz, this time for infringement of two key Neulasta patents. Writing in an online blog post, the attorneys say that Amgen claims that Sandoz’ filing of its aBLA for a Neulasta biosimilar constitutes at act of infringement. “Defendants are piggybacking on the fruits of plaintiffs’ trailblazing efforts,” the suit says.

The complaint further alleges that if FDA approves the aBLA, Sandoz will inevitably infringe the patent that covers a method for purifying proteins used in manufacturing Neulasta by making, using, offering to sell, or selling an infringing product within the U.S. Amgen is asking for damages and an injunction against Sandoz. The court has granted the parties’ request to relate this suit with an earlier one that covered the BPCIA patent dance and commercial marketing notice provisions. The attorneys write that the effect of relating the cases is that the same judge will hear both cases that have been filed in a California federal court.

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