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June 22, 2021

Amgen v. Hospira Pegfilgrastim Case Stayed Pending Potential Summary Judgment Practice

On June 16, 2021, the District Court for the District of Delaware issued a claim construction order construing a key term in the ongoing patent dispute between Amgen and Hospira over Hospira’s proposed biosimilar of Amgen’s Neulasta® (pegfilgrastim).  In the Order, the Court construed the term “between about 0.1 M and about 1.0”  to have “its plain and ordinary meaning (that is, ‘between approximately 0.1 M and approximately 1.0 M’) and is not a functional limitation.”

After issuing the claim construction order, the Court also issued a second order that stayed the case “until a determination is made about whether the Court should entertain summary judgment practice on the issue of noninfringement.”  The Court further ordered that the parties shall jointly submit a status update by July 12, 2021.

The Parties previously indicated in a joint letter that the claim term “between about 0.1 M and about 1.0” is “central to the parties’ disputes” and potentially dispositive of the issue of infringement.

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