Sandoz Warns Fed. Circ. Enbrel Ruling Invites Patent Abuse

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...

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