High Court Won't Review Enbrel Patent Ruling

By Tiffany Hu (May 17, 2021, 3:50 PM EDT) -- The U.S. Supreme Court on Monday opted to leave alone a ruling that Amgen Inc.'s patents for its blockbuster autoimmune drug Enbrel weren't invalid for double-patenting, effectively blocking Sandoz Inc. from selling a biosimilar version of the drug until 2029.

The justices rejected Sandoz's petition for review, which argued that the Federal Circuit in July erred in finding that Amgen unit Immunex Corp. did not patent the same invention twice — once in its own patent and then again in patents it exclusively licenses from Hoffmann-La Roche Inc. Roche holds enough power in its licensing agreement for the patents not to...

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