Fed. Circ. Won't Eye Amgen Case But Disputes 'Sky Is Falling'

By Tiffany Hu (June 21, 2021, 8:06 PM EDT) -- The full Federal Circuit on Monday refused to revisit a decision that invalidated two of Amgen's patents on its cholesterol medication Repatha, though a panel of judges disputed the drugmaker's "sky is falling" approach in arguing that the ruling changed the law.

In a nonprecedential order, the full appeals court denied without comment Amgen's petition for en banc review of a panel ruling that found it would have taken undue experimentation to figure out the bounds of the claims in Amgen's patents, making them invalid for lack of enablement.

Other companies had backed Amgen as well, including GlaxoSmithKline PLC, which argued...

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