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Biopharma Industry Sharply Divided Over Supreme Court Antibody Patent Brawl

 
• By Brenda Sandburg

Big biologic makers line up on opposite sides of dispute between Amgen and Sanofi over whether Amgen’s Repatha patents cover analogous antibodies with the same functional characteristics.

Supreme building closeup
Supreme Court to hear high stakes patent case involving monoclonal antibodies and genus claims • Source: Shutterstock

The biopharmaceutical industry is in intense conflict over a case that could determine how broadly a patent can cover a cutting edge invention. More than a dozen companies have taken opposite sides in the dispute between Amgen, Inc. and Sanofi over their PCSK9-targeting antibodies.

The US Supreme Court is to hear oral argument in the case, Amgen v. Sanofi, on 27 March. The case focuses on the standard for the enablement requirement in the Patent Act, which requires a patent to disclose the claimed invention in the specification in sufficient detail so that a person skilled in the art would be enabled to make and use the invention

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