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Jury upholds Amgen's patent validity for Repatha, deflecting challenge from Sanofi and Regeneron

Published on 26/02/19 at 12:29pm

Amgen is celebrating after a Delaware jury backed the validity of two of its patents against challenges from Regeneron and Sanofi.

The case centred on Amgen’s cholesterol drug Repatha (evolocumab), a proprotein convertase subtilisin/kexin type 9 (PCSK9) inhibitor. Sanofi and Regeneron previously admitted that their drug Praluent (alirocumab) breached Amgen’s patent back in March 2016 – an admission that was supported by a jury ruling – but the case was remanded to the district court after the decision was appealed.

In this latest case, the jury rejected claims that Amgen’s patents did not fully explain the products or how to how to make them. Robert A Bradway, Chairman and Chief Executive Officer at Amgen, remarked on the decision: "Today's decision protects intellectual property which is essential to innovators who are bringing forward new medicines for patients with serious diseases. Amgen scientists discovered and developed Repatha, which can play a key role in the fight against cardiovascular disease. We are thankful that the jury weighed the evidence carefully and recognized the validity of Amgen's patents."

Joseph LaRosa, Regeneron’s General Counsel, spurned the ruling in a statement saying: “We will continue to vigorously defend our positions against Amgen’s overly broad patent claims.”

The ruling could shape the sales performance for each party considerably; Repatha is projected to make $2.21 billion in 2022 alone.

Matt Fellows

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