Fed. Circ. Urged To Undo Amgen's Win Over Cancer Drug IP

Law360 (August 11, 2020, 8:18 PM EDT) -- An Indian drugmaker is asking the Federal Circuit to overturn a lower court decision upholding Amgen's patents for its anti-cancer drug Kyprolis, saying the ruling improperly "converts" a narrow claim to block it from using even noninfringing formulations for its planned generic.

In an opening brief Monday, Mumbai-based Cipla Ltd. asked the appeals court to reverse Chief U.S. District Judge Leonard P. Stark's ruling in May that Amgen subsidiary Onyx Therapeutics Inc.'s patents were not invalid for obviousness-type double patenting, which occurs when companies aim to extend the life of a patent by seeking a second one that is essentially the...

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