Coherus BioSciences, which last year introduced a biosimilar version of Amgen’s oncology drug Neulasta, cannot recover attorneys’ fees for defeating Amgen’s patent-infringement lawsuit, U.S. District Judge Leonard Stark held Monday in Delaware.
Coherus’ counsel at Morris James had argued that this was an exceptional case, warranting fees, because Amgen had pursued a baseless claim and appeal “to the bitter end,” which Coherus said was intended to thwart competition by “nascent … financially disadvantaged” biosimilar manufacturers.
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