AMGEN INC. v. HOSPIRA, INC.

2019-1067, 2019-1102.

944 F.3d 1327 (2019)

AMGEN INC., Amgen Manufacturing, Limited, Plaintiffs-Cross-Appellants v. HOSPIRA, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: December 16, 2019.


Attorney(s) appearing for the Case

John Labbe , Marshall, Gerstein & Borun LLP, Chicago, IL, argued for plaintiffs-cross-appellants. Also represented by Kevin M. Flowers , Julianne M. Hartzell , Mark Harry Izraelewicz ; Thomas Francis Lavery , Wendy A. Whiteford , Amgen Inc., Thousand Oaks, CA.

Thomas J. Meloro , Willkie Farr & Gallagher LLP, New York, NY, argued for defendant-appellant. Also represented by Michael Johnson , Heather M. Schneider .

Before Moore, Bryson, and Chen, Circuit Judges.


Hospira, Inc. (Hospira) appeals the District of Delaware's denial of its motion for judgment as a matter of law (JMOL), or alternative motion for new trial, upholding the jury's verdict that: (1) Amgen, Inc. and Amgen Manufacturing, Ltd.'s (Amgen) U.S. Patent No. 5,856,298 (the '298 patent) was infringed and not invalid; (2...

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