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# Court Denies Apotex Motion in Amgen Biosimilar Case
- URL: https://www.fdaweb.com/court-denies-apotex-motion-in-amgen-biosimilar-case/
- Published: 2019-04-11T12:00:00.000Z
- Updated: 2026-09-15T01:19:45.000Z
- Author: David McFarland
- Tags: Drugs, #legacy-id-D5143845

A Florida federal court has denied the latest motion filed by Apotex to dismiss Amgen’s complaint in a follow-on suit about Apotex’ pegfilgrastim and filgrastim biosimilar candidates. The two companies have been involved in multiple patent lawsuits over the two biosimilars since 2015\. A *Big Molecule Watch* online [report](https://www.bigmoleculewatch.com/2019/04/09/district-court-denies-apotexs-motion-to-dismiss-amgens-complaint-in-second-lawsuit/?ref=fdaweb.com) says Apotex filed a motion to dismiss Amgen’s complaint in a lawsuit over Apotex’ proposed biosimilar versions of Amgen’s Neupogen and Neulasta products. Amgen’s complaint in this second lawsuit alleges infringement of a manufacturing process patent (‘287 patent) that is related to the patent (‘138 patent) asserted in the first suit.

In the first suit, the district court held that the Apotex process did not infringe the ‘187 patent and that decision was affirmed by the Federal Circuit Court of Appeals. The related ‘287 patent was issued 1/2018 and Amgen sued on that patent 8/8/17, the report says.

Apotex offered two legal reasons why the Amgen suit should be dismissed, and the court rejected both. “While Apotex may ultimately win this case as to one or both of these arguments,” the court said, “the court finds that the instant motion is due to be denied at this stage of the litigation.”