In a closely watched patent dispute playing out at the U.S. Supreme Court, Amgen has drummed up support from fellow drugmakers large and small, plus industry associations and intellectual property groups.
As part of Amgen’s case against Sanofi centered on the two companies’ PCSK9 cholesterol drugs, several biopharma companies including AbbVie, Bristol Myers Squibb and GSK, as well as organizations like the National Association of Patent Practitioners and the Intellectual Property Professors, have thrown their support behind Amgen’s appeal in separate briefs filed to the U.S. high court.
The law division of the American Chemical Society even went as far as petitioning to participate in oral arguments to help make a case for Amgen.
A federal circuit court previously sided with Sanofi and its partner Regeneron in throwing out patents on Amgen’s PCSK9 inhibitor Repatha. But entities like GSK argue that the lower court’s ruling goes against common sense and puts an unreasonable burden on the innovator to have a valid patent claim.
The legal fight dates back to 2014, when Amgen sued Regeneron and Sanofi before an official FDA approval for their PCSK9 drug Praluent. As the better seller of the two drugs, Amgen’s Repatha reeled in $963 million sales in the first three quarters of 2022. Praluent only ginned up $334 million sales during the same period.
Back in 2019, a Delaware judge threw out a jury verdict and ruled against Amgen. In 2021, a federal appeals court rejected Amgen’s bid to reverse the ruling. The U.S. Supreme Court took on the case despite U.S. Solicitor General’s recommendation against a review.