Eric M. Agovino

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Eric M. Agovino — Patent Litigation Practice Summary

Specialty / focus. Agovino's docket reflects a biopharmaceutical patent practice rather than electronics or standards-based litigation. He is in-house counsel at Amgen Inc., and the matters he appears in are Hatch-Waxman ANDA and BPCIA/biosimilar disputes — formulation and composition-of-matter patents covering products such as cinacalcet (Sensipar), apremilast (Otezla), and aflibercept (Eylea). His tracked appearance, Regeneron Pharmaceuticals, Inc. v. Amgen Inc., sits within the consolidated aflibercept biologics litigation, where Amgen's biosimilar ABP 938 (Pavblu) was accused of infringing Regeneron's U.S. Patent 11,084,865 and Amgen's defense turned on claim construction of the "buffer" limitation and the Becton, Dickinson v. Tyco separate-elements presumption.

Side preference. The structured counts show one tracked appearance, on the defendant side, in an in-house role — consistent with his position defending an operating company and its biosimilar products. His broader public docket is more symmetrical, however: he has also appeared for Amgen as plaintiff-appellant asserting its own patents against generic filers (e.g., Amgen Inc. v. Amneal Pharmaceuticals LLC, Fed. Cir. No. 18-2414, and Amgen Inc. v. Hospira, Inc., D. Del. No. 1:18-cv-01064). There is no indication of NPE/PAE-side or plaintiff-for-hire work; his practice is operating-company work, primarily defensive. The single tracked appearance is a coverage artifact of the dataset rather than an accurate measure of his litigation volume, which the public record shows is substantially larger.

Firm context. Agovino is in-house at Amgen Inc. (Thousand Oaks, California), where he has appeared alongside Amgen in-house colleagues such as Wendy A. Whiteford, Lois M. Kwasigroch, Kimberlin L. Morley, and Chanson Chang. I could not verify any prior law-firm affiliation from reliable sources; searches surfaced a separate, unrelated attorney named Frank R. Agovino (Senniger Powers), who is not this lawyer and should not be conflated with him. Note also that several public dockets list a Connecticut mailing address for him; that is a personal address and is deliberately omitted here.

Notable matters and outcomes. Beyond the Regeneron aflibercept MDL (N.D. W. Va. No. 1:24-md-03103), the Federal Circuit affirmed the district court's denial of Regeneron's motion for a preliminary injunction against Amgen, accepting Amgen's non-infringement position on the four-separate-structure reading of the '865 patent; Agovino is named among Amgen's counsel of record in that appeal. In Amgen v. Amneal (cinacalcet), the Federal Circuit vacated and remanded the judgment as to Amneal on claim construction and affirmed as to Piramal and Zydus, applying prosecution history estoppel against Amgen — a mixed result for the client he represented.

PTAB / IPR experience. The Sensipar litigation in which he appeared ran parallel to PTAB challenges to the same patents (IPR2016-01542 and PGR2019-00001, brought by Apotex/Adello against Amgen), so he works in a practice area where IPR/PGR activity is routine. I could not confirm from available sources that he is personally named as counsel in those specific PTAB filings, so his individual IPR appearance record should be treated as unverified.

Bar / education. According to New York state attorney registration records, Agovino was admitted to the New York bar in 2003 and is listed with a law degree from Fordham University; that education detail comes from a secondary aggregator of state registration data and is worth confirming directly.