Amgen Urges Justices To Leave Enbrel Patent Ruling Alone

Law360 (April 12, 2021, 7:57 PM EDT) -- Amgen Inc. unit Immunex said Monday that there's no need for the U.S. Supreme Court to review a decision finding the biopharmaceutical company didn't patent the same invention twice for its blockbuster autoimmune drug Enbrel, saying the ruling was "case-specific" and correct.

In a brief opposing Novartis AG subsidiary Sandoz Inc.'s petition for certiorari, Immunex Corp. said Sandoz had "simply lost on its own facts" in trying to prove that Immunex's deal to exclusively license Enbrel through patents owned by Hoffmann-La Roche Inc., while itself owning earlier-expiring patents for the drug, constituted disallowed obviousness-type double-patenting.

In the split decision at issue,...

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