Amgen Settles G-CSF Patent Litigation with Teva
Amgen announced that the United States District Court in Pennsylvania has entered final judgment and a permanent injunction against Teva Pharmaceutical Industries and Teva Pharmaceuticals USA prohibiting them from infringing Amgen's patents relating to human granulocyte colony-stimulating factor or G-CSF and methods for its use.
Amgen said Teva admitted that Neutroval product infringes Amgen's valid and enforceable patents.
The company noted that the Court's injunction extends until Nov. 10, 2013, after which date Teva may sell Neutroval in the U.S. Regarding Neugranin, another Teva G-CSF product, Teva agrees not to sell Neugranin until Nov. 10, 2013 unless it first obtains a final court decision that Amgen's patents are not infringed by Neugranin.
Under the parties' agreement, the launch date for either product could be sooner if certain unexpected events occur: a third party launches a similar G-CSF product and Amgen fails to sue that third party, or the patents are held invalid or unenforceable in a final court decision in an action brought by a third party.
The company stated that the settlement terms do not include any financial payments between the parties. The two patents at issue in the litigation expire in early December 2013.
