Tag Archives: Hospira

Federal Circuit Provides More Guidance On Biosimilar Patent Litigation

In Amgen Inc. v. Hospira, Inc., the Federal Circuit held that Amgen could not obtain discovery related to activities that might infringe a patent that it had not asserted in its biosimilar patent litigation against Hospira. In particular, the court held that it lacked jurisdiction—under the collateral order doctrine—over the district court’s denial of Amgen’s motion to … Continue reading this entry

Federal Circuit To Revisit On Sale Bar Triggered By Contract Manufacture

Friday the 13th may have been The Medicines Company’s lucky day, since the Federal Circuit granted its petition for rehearing en banc in The Medicines Company v. Hospira, Inc. In  the court’s original decision, which I discussed in this article, the court found that the use of a contract manufacturer gave rise to an on … Continue reading this entry

Contract Manufacturing Makes Angiomax Patents Invalid Under On Sale Bar

In The Medicines Company v. Hospira, Inc., the Federal Circuit held that a transaction with a contract manufacturer gave rise to an on sale bar that invalidated The Medicines Company’s Angiomax® patents.  Are the facts of this case unusual, or does this decision put other pharmaceutical patents at risk? Would the on sale bar of … Continue reading this entry

Federal Circuit Affirms Unenforceability of Taxotere Patents

In Aventis Pharma S.A. v. Hospira, Inc., the Federal Circuit upheld the district court’s finding that two of the Orange Book listed patents for Sanofi Aventis’ cancer drug Taxotere are unenforceable for inequitable conduct.  The Federal Circuit found that the district court’s analysis followed the framework required by its 2011 en banc decision in Therasense, … Continue reading this entry