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Amgen Inc. enjoys favorable settlement with Teva Pharmaceuticals

August 10, 2011

With support from Bates White, pharmaceutical manufacturer Amgen Inc. recently settled litigation with Teva Pharmaceuticals USA Inc. concerning Teva’s challenge to the validity of Amgen’s patents for Neupogen. The client obtained a favorable outcome through an agreement that prevents Teva from introducing its infringing drug in the United States before November 2013.

Background

Amgen’s counsel retained Bates White and Professor Tomas Philipson of The University of Chicago to evaluate economic issues related to the injunction sought by Amgen to prevent Teva from marketing and selling its infringing drug, Neutroval, in the United States. Supported by Bates White, Dr. Philipson submitted an expert report that provided economic opinions concerning the application of the four factors identified in the US Supreme Court’s opinion in eBay v. MercExchange. Dr. Philipson’s opinion addressed the economic incentives created by Medicare’s reimbursement policies and the long-run repercussions of Teva’s anticipated infringing sales. Ultimately, Teva conceded that Amgen’s patents were valid and infringed. A court-approved settlement enjoined Teva from introducing Neutroval into the United States until November 2013—only one month before the patents at issue will expire.