Amgen bid to revive cholesterol drug patents comes to U.S. Supreme Court
Amgen is appealing a lower court's ruling that invalidated two of its patents on Repatha, a drug that can reduce risk of heart attack and stroke in people with heart disease, after a legal fight with French drugmaker Sanofi and its partner Regeneron Pharmaceuticals IncThousand Oaks, California-based Amgen has sought to patent a group of antibodies that help reduce so-called "bad" cholesterol.
In 2014, Amgen sued Sanofi and Regeneron for patent infringement over their rival drug Praluent, which works by a similar mechanism as Repatha. Both drugs use laboratory-made antibodies to block a protein called PCSK9 that inhibits the removal of bad cholesterol from the blood, but they achieve this result through different chemical combinations.
Amgen sold nearly $1.3 billion worth of Repatha worldwide in 2022. Regeneron sold $130 million worth of Praluent in the United States last year, and Sanofi sold more than $400 million worth in the rest of the world. Under U.S. law, a drug patent must allow a skilled scientist to replicate an invention without excessive trial and error.
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