Canada’s Intellectual Property Law Firm

Supreme Court of Canada denies Amgen leave to appeal decision invalidating its filgrastim patent

As previously reported, Amgen sought leave to appeal a decision of the Federal Court of Appeal (2020 FCA 188) affirming Justice Southcott’s decision that the relevant claims of its filgrastim (NEUPOGEN) patent were invalid for obviousness. On July 9, 2021, the Supreme Court of Canada denied leave to Amgen (Docket No. 39530).

Amgen has discontinued its pending patent infringement actions under the PMNOC Regulations against biosimilar manufacturers Mylan (FULPHILA), Purdue Pharma (PELMEG), and Sandoz (ZIEXTENZO).

Should you have any questions, please do not hesitate to contact a member of the Pharmaceutical Litigation Group.

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.