Full Fed. Circ. Won't Undo Sandoz Loss In Patent Fight

By Adam Lidgett (September 29, 2020, 5:20 PM EDT) -- The full Federal Circuit on Tuesday refused Sandoz Inc.'s request to reconsider a panel decision that had upheld two patents covering Amgen's top-selling biologic Enbrel.

The appellate court denied a bid from Sandoz for a panel or en banc rehearing of a precedential July 1 decision that held that Amgen unit Immunex Corp. can't be considered to have patented the same invention twice — once in its own patent and then again in patents it exclusively licenses from Hoffmann-La Roche Inc. — which means the patents can't be invalidated for obviousness-type double patenting.

Sandoz had argued that the panel majority wrongly...

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