Fed. Circ. Judge Skeptical Amgen Cholesterol Drug IP Is Valid

Law360 (December 9, 2020, 7:48 PM EST) -- A Federal Circuit judge told an attorney Wednesday he faced an "uphill battle" in showing two Amgen patents on cholesterol-lowering drug Repatha are valid, casting doubt on the biopharmaceutical giant's closely watched bid to undo a district court win for its rival Sanofi.

U.S. Circuit Judge Alan D. Lourie chimed in about 20 seconds after Amgen attorney Jeffrey A. Lamken started making his argument during Wednesday's remote hearing that a Delaware federal judge wrongly overturned a jury verdict after determining the evidence didn't support Amgen's conclusion that the patent claims are enabled, meaning that a skilled artisan could make or use...

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