Amgen v. Hospira (Epogen/epoetin alfa) In September 2015, Amgen sued Hospira in Delaware for patent infringement and BPCIA violations relating to Hospira's application for a biosimilar version of Amgen's Epogen (epoetin alfa). Hospira moved to dismiss the BPCIA claims, but the district court denied the motion without opinion after the Federal Circuit decided Amgen v. Apotex and confirmed that the 180-day notice of commercial marketing period is always mandatory. Discovery is ongoing and trial is scheduled for July 2017. Notably, both patents in suit have now expired. However, Amgen is currently appealing a discovery ruling by the district court, which prevented Amgen from obtaining manufacturing information from Hospira that was not relevant to any patent in suit. Amgen contends that it needs this information (and is entitled to it under the BPCIA) in order to assess whether Hospira's product will infringe patents it has not yet asserted.