Amgen Facing Stiff Resistance in US Supreme Court Patent Case

March 28, 2023

Amgen’s odds with the US Supreme Court are looking grim in its case against Sanofi-Regeneron regarding its “genus patent” over antibody-based PCSK9 inhibitors. Amgen maintains its patent covers a wide group of antibodies for the drug target and should be expanded to cover all possible permutations. Sanofi’s lawyers argue this extension would be far too broad, with the Justices seeming to agree.

According to Zachary Brennan, “Amgen argued that its roadmap in the patent allows for such work to be done without undue experimentation, or expensive and time-consuming trial and error, whereas Sanofi-Regeneron argued the opposite, and made clear that if Pfizer, which was one of the first companies to invest in PCSK9 inhibitors, had filed the same genus patent as Amgen, then all of the corresponding antibodies like Amgen’s Repatha (evolocumab) and Sanofi-Regeneron’s Praluent (alirocumab) would technically be owned by Pfizer.”

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(Source: Endpoints News, March 27th, 2023)

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