Sanofi and Regeneron Pharmaceuticals, Inc. announced that the U.S. District Court for the District of Delaware ruled in their favor and found as a matter of law that Amgen’s asserted patent claims for antibodies targeting PCSK9 (proprotein convertase subtilisin/kexin type 9) are invalid based on lack of enablement.
“It has been our longstanding belief that all of Amgen’s asserted U.S. PCSK9 patent claims are invalid, and we are pleased today’s decision reaffirms this,”
said Karen Linehan, Executive Vice President and General Counsel, Sanofi.
Today’s ruling overturned portions of an earlier jury verdict upholding the validity of three claims. On February 25, 2019, a jury previously found in Sanofi and Regeneron’s favor that two other asserted Amgen patent claims are invalid. This means that Sanofi and Regeneron have successfully invalidated all five asserted Amgen patent claims.
“Today’s decision by the U.S. District Court for the District of Delaware validates our position that Amgen’s patents are overly broad and invalid,”
said Joseph LaRosa, Executive Vice President, General Counsel and Secretary, Regeneron.
“Praluent was developed using Regeneron’s proprietary science and technology and the judge has confirmed our position by issuing this ruling.”