After Two Jury Verdicts, Court Finds Repatha Patents Invalid
Delaware district court rules patent claims for antibodies targeting PCSK9 are invalid for lack of enablement; saga to continue with Amgen appeal.
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Amgen says contracts it submitted to district court show Otezla rebates were not conditioned on customers covering its cholesterol-lowering drug Repatha instead of Regeneron’s Praluent. It requests stay of the litigation until Supreme Court acts on Amgen’s cert petition on the patent case between the two competitors.
Regeneron antitrust suit alleges Amgen’s bundling of Repatha rebates with Otezla and Enbrel has restricted Praluent’s market access and ability to compete with Repatha.
Court asks Solicitor General to weigh in on petition challenging Federal Circuit’s standard for determining patent enablement in Amgen’s dispute with PCSK9 inhibitor rivals Sanofi and Regeneron. GlaxoSmithKline, Biogen, Bristol-Myers Squibb, and Merck filed briefs in support of Amgen.