WASHINGTON - Amgen Inc sought to convince the U.S. Supreme Court on Monday to revive patents on its cholesterol-lowering drug Repatha, while rival Sanofi SA urged the justices not to stifle competition for therapies to address a common health risk.
The case carries considerable financial stakes. Thousand Oaks, California-based Amgen sold nearly $1.3 billion worth of Repatha worldwide in 2022. Meanwhile, Sanofi and Regeneron last year sold $530 million worth worldwide of their rival drug Praluent, which works by a similar mechanism as Repatha. Clement urged the court not to squeeze out competition from the market for cholesterol-lowering drugs.Clement said allowing Amgen's broad patents would freeze out other companies.
"Several times you referred to invention of the antibodies, and I think I'm somewhat confused as to exactly what your invention is. You said it's not just the 26 but it definitely is not millions. So what is it exactly?" conservative Justice Clarence Thomas asked Lamken."We're not talking about what has been invented with any particular precision."
Amgen sued Sanofi and Regeneron in 2014 for patent infringement over Praluent. Both drugs use laboratory-made antibodies to block a protein called PCSK9 that inhibits the removal of bad cholesterol from the blood, but they achieve this result through different chemical combinations.
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