Supreme Court hears arguments in Amgen Repatha patent case against Sanofi
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The U.S. Supreme Court earlier Monday heard arguments in a patent case filed by Amgen (NASDAQ:AMGN) regarding its cholesterol lowering, PCSK9 inhibitor biologic Repatha (evolocumab).
A federal appeals court invalidated two Repatha patents. Amgen had accused Sanofi (NASDAQ:SNY) of violating the drug's patents with its own PCSK9 inhibitor, Praluent (alirocumab). Praluent is marketed with Regeneron Pharmaceuticals (NASDAQ:REGN).
Amgen has sought to patent a group of antibodies that help reduce LDL cholesterol -- the so-called "bad" cholesterol -- even though its patents covered only a portion of antibodies it claimed, according to Reuters.
The key issue is whether a valid patent can cover all the members of a certain group, or if it is limited to those specified.
Amgen (AMGN) argued that a patent only "enable skilled artisans to 'make and use' the invention," rather than cover all possible forms an invention might take.
During arguments, Amgen's (AMGN) attorney argued that not protecting its patents would provide a disincentive to continue R&D, while Sanofi's (SNY) attorney said that if the Court ruled in a way that the patents were broad, it would stifle competition.
The case is AMGEN INC. V. SANOFI (21-757).
Read why Seeking Alpha contributor SM Investor recently called Amgen (AMGN) a buy.