By Dani Kass (August 3, 2020, 10:50 PM EDT) -- Sandoz Inc. has asked the Federal Circuit to reconsider upholding two patents covering Amgen's top-selling biologic Enbrel, warning that the concerning panel ruling cleared an "unprecedented" 31 years of exclusivity.
The panel majority wrongly found that Amgen unit Immunex Corp. doesn't hold enough power over the patents it licenses from Hoffmann-La Roche Inc. to be considered an owner, which meant the patents can't be invalidated for obviousness-type double patenting, Sandoz said in a petition for rehearing en banc Friday. In doing so, the panel created a "roadmap" for getting out of such double-patenting claims, the petition states.
"By treating Immunex as...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!