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Supreme Court Seems Ready To Uphold Ruling Against Amgen’s Anti-PCSK9 Antibody Patents

 
• By Brenda Sandburg

Justices question what Amgen’s invention covers in its dispute with Sanofi. They appear inclined to uphold Federal Circuit’s standard for enablement despite potential negative impact on genus claims.

Supreme Court long shot
Supreme Court hears oral argument in Amgen v. Sanofi PCSK9-targeting antibodies case • Source: Brenda Sandburg

US Supreme Court justices appeared to agree that the US Court of Appeals for the Federal Circuit used the correct standard in concluding that Amgen, Inc.’s Repatha (evolocumab) patents do not cover the anti-PCSK9 monoclonal antibody field as broadly as the company claims.

During the 27 March oral argument in Amgen v. Sanofi, they seemed to support the Federal Circuit’s standard for determining if a patent meets the enablement requirement of the Patent Act

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