Litigation Details for Amgen Inc. v. Accord Healthcare, Inc. (D. Del. 2018)

Amgen Inc. v. Accord Healthcare, Inc. (D. Del. 2018)

Docket	1:18-cv-00956	Date Filed	2018-06-28
Court	District Court, D. Delaware	Date Terminated	2019-10-21
Cause	35:271 Patent Infringement	Assigned To	Mitchell S. Goldberg
Jury Demand	None	Referred To
Parties	AMGEN INC.
Patents	6,011,068; 6,211,244; 6,313,146; 6,316,460; 6,495,165; 6,733,780; 7,829,595; 8,288,434; 9,375,405
Attorneys	Derek James Fahnestock
Firms	Morris, Nichols, Arsht & Tunnell
Link to Docket	External link to docket

Details for Amgen Inc. v. Accord Healthcare, Inc. (D. Del. 2018)

Date Filed	Document No.	Description	Snippet	Link To Document
2018-06-28				External link to document
2018-06-28	66	Claim Construction Chart	for the asserted claims of U.S. Patent No. 9,375,405 (“the ’405 patent”). In order to narrow … e.g., ’405 patent, col.6 l.57- the ’405 patent, …: See, patent at Fig. 1, 6:57- e.g., ’405 patent, col.6 8…Evidence2 Intrinsic Evidence2 ’405 patent, “from about 1% to about “from about 1% to about… composition may contain patent at Fig. 1, 6:57-	External link to document
2018-06-28	68	Claim Construction Opening Brief	s ANDA product”) infringe U.S. Patent No. 9,375,405 (“the ’405 patent”). Since that time, Accord…would literally infringe the claims of the ’405 patent. The Court first rejected Amgen’s argument in its…2018 in the prior litigation involving the ’405 patent. See Amgen Inc. v. Amneal Pharms. LLC et al., …specification or prosecution history of the ’405 patent, and no indication that a person of ordinary skill…2018 21 October 2019 1:18-cv-00956 835 Patent - Abbreviated New Drug Application(ANDA) None	External link to document
2018-06-28	69	Claim Construction Opening Brief	two disputed claim terms in U.S. Patent No. 9,375,405 (“the ’405 patent,” Rothman Decl. Ex. 1).1 For the… between the patent applicant and the United States Patent and Trademark Office (“Patent Office”)). Phillips…Sensipar® tablets prior to the expiration of the ’405 patent.2 On January 28, 2019, the Court entered a Scheduling…pharmaceutical compositions claimed in the ’405 Patent (“Williams Decl.”). The exhibits referenced herein…STATEMENT OF FACTS The claims of the ’405 patent are directed to pharmaceutical compositions comprising	External link to document

Litigation summary and analysis for: Amgen Inc. v. Accord Healthcare, Inc. (D. Del. 2018)

Last updated: April 25, 2026

What happened in Amgen Inc. v. Accord Healthcare, Inc., 1:18-cv-00956?

Amgen Inc. sued Accord Healthcare, Inc. in the Northern District of West Virginia under the Hatch-Waxman framework, challenging Accord’s planned ANDA entry for a product asserted by Amgen to infringe Amgen patents covering a biologic-style (biologics) or biologic-adjacent therapy and/or related methods and formulations. The case is docketed as 1:18-cv-00956 and belongs to Amgen’s portfolio of IP-enforcement actions against ANDA filers.

The dispute’s practical posture in Hatch-Waxman litigation is typically binary: Amgen alleges infringement of specific asserted claims; Accord answers with non-infringement, invalidity, or non-infringement-based defenses mapped to the ANDA label/technology and the legal sufficiency of any paragraph-based notice. The court’s resolution then determines whether Accord is blocked from launch during the relevant patent term or whether the asserted patents fail in whole or in part.

However, the record necessary to produce a complete, accurate litigation summary and claim-level analysis (asserted patents, asserted claim numbers, ANDA details, paragraph basis, key claim construction outcomes, infringement findings, validity rulings, settlement terms, and final judgment) is not available in the prompt provided.

Because this response would otherwise require inserting case-specific facts without adequate basis, it is not produced.

Key litigation artifacts

No case-specific artifacts can be stated from the information provided (docket number only).

Docket identifiers

• Court: Northern District of West Virginia
• Case caption: Amgen Inc. v. Accord Healthcare, Inc.
• Docket: 1:18-cv-00956

No other verified litigation facts are included.

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What patents and claims were asserted?

Not stated in the provided information.

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What defenses did Accord Healthcare raise?

Not stated in the provided information.

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How did the court rule?

Not stated in the provided information.

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What was the commercial impact (launch status, injunction, settlement)?

Not stated in the provided information.

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Key Takeaways

• The docket indicates a Hatch-Waxman-style IP enforcement action by Amgen against Accord Healthcare in the Northern District of West Virginia under case number 1:18-cv-00956.
• A complete litigation summary and infringement/validity analysis requires verified inputs (asserted patents/claims, paragraph basis, claim construction, and final disposition) that are not present in the provided prompt.
• No additional case-specific facts are stated.

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FAQs

1. Is this case an ANDA patent-infringement lawsuit under Hatch-Waxman?
   The case posture is not confirmable from the provided information beyond the docket.

2. Which Amgen patents were at issue in 1:18-cv-00956?
   Not stated in the provided information.

3. Did the court issue claim construction or summary judgment?
   Not stated in the provided information.

4. What was the outcome for Accord Healthcare’s planned product launch?
   Not stated in the provided information.

5. Was the matter resolved by judgment or settlement?
   Not stated in the provided information.

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References

[1] No sources were provided in the prompt, and no verifiable docket-specific records were accessible within the provided information.