Coherus could see recent motion to stay Amgen’s Neulasta biosimilar patent suit passed, no clear winner among competitors despite launch delay
Coherus’ (NASDAQ:CHRS) latest motion to stay legal proceedings with Amgen (NASDAQ:AMGN) for its Neulasta (pegfilgrastim) biosimilar faces an unclear court decision -- on which the company hinges financially -- but may find favor if the court decides to conserve resources, said experts.
Experts said it is not clear if courts will accept Coherus’ recent motion to stay, filed last week, on its prior motion to dismiss Amgen’s patent infringement case —a bid to conserve funds until a final approval.
However, a recent FDA-issued Complete Response Letter (CRL) may spur the courts to rule in favor of the case suspension until there is more clarity on an approval, to avoid wasting court resources. Experts also said the court may take into consideration the strength of the original motion to dismiss Amgen’s infringement suit, which is centered on one patent.
Analysts have said Coherus’ overall legal strategy, where it has proactively innovated around or invalidated key innovator patents, has put it in better stead than its competitors. They cited Coherus’ recent successes with invalidating three key patents for its biosimilar of Abbvie’s (NYSE:ABBV) Humira (adalimumab), paving a clear path to market for the company’s biosimilars. Even though experts were confident with Coherus’ strategy to complete the patent dance, they said there is no clear advantage since there isn’t sufficient precedence of success in these types of cases.