Sanofi, Regeneron ask court to shield Dupixent from Amgen patent attack image

FiercePharma, March 21, 2017
Tracy Staton, citing blog post by Rachel E. Sachs (Academic Fellow Alumna)


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From the article:

[...]Amgen has caught fire for its aggressive stance on its PCSK9 patents, which also protect its own drug in the class, Repatha. Market watchers note that a similar patent fight—Merck & Co.'s hepatitis C lawsuit against Gilead Sciences—ended in a royalty agreement last year, with no request for an injunction involved.

"They did not have to ask for an injunction and could have instead asked only for damages," Rachel Sachs, an associate professor at the Washington University in St. Louis School of Law, wrote in Harvard Law School blog in January.

One of the only previous examples of a pharma company obtaining an injunction against a rival drug involves Amgen itself: In 2009, the company won an injunction blocking Roche’s anemia drug Mircera, which, according to a court ruling, infringed on three Amgen patents. Roche later agreed to keep the drug off the market until 2014, leaving Amgen’s drugs Epogen and Aranesp in control of that market.

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