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Bates White provides reasonable royalty damages estimate in Amgen biosimilar case

September 22, 2017

Bates White Partner Randal Heeb testified at a jury trial on behalf of Amgen in its recent patent infringement lawsuit against Pfizer subsidiary Hospira. On September 22, 2017, the jury found that Hospira owed Amgen $70 million in damages for manufacturing its biosimilar prior to the expiration of Amgen’s patents related to EPOGEN®, Amgen’s biological drug to treat patients with anemia. Dr. Heeb testified regarding the reasonable royalty that Hospira would have paid Amgen to manufacture its biosimilar, based on a model of the hypothetical negotiation between the parties. Additional coverage about the trial can be found here.