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6 January 2017Americas

Amgen wins injunction in Sanofi Repatha suit

Sanofi and Regeneron Pharmaceuticals must stop selling cholesterol-lowering medicine Praluent (alirocumab) after Amgen obtained an injunction against the companies.

Amgen had filed a lawsuit back in October 2014, at the US District Court for the District of Delaware, accusing Sanofi and Regeneron of infringing two of its patents covering the drug Repatha (evolocumab).

In February last year, the court entered a stipulated order finding that Praluent infringed claims of US patent numbers 8,829,165 and 8,859,741.

A jury returned a verdict finding the asserted claims of the patents-in-suit valid in March.

Yesterday, January 5, US District Judge Sue Robinson ordered the permanent injunction, just two days after refusing to throw out a ruling upholding the validity of two patents owned by Amgen.

To demonstrate irreparable harm, a condition that must be fulfilled to obtain a permanent injunction, Amgen presented “traditional “evidence of loss of market share and momentum.

“Specifically, plaintiffs allege that they have been forced to compete with defendants for contracts with insurers and exclusive formulary positions, particularly since defendants were first to market,” said Robinson.

Amgen also argued that Sanofi and Regeneron’s market position had caused harm to its reputation as “the innovator” in the cholesterol-lowering medicine, and the marketing of Praluent as "The First US

FDA-Approved PCSK9 Inhibitor" compounds the harm.

Sanofi and Regeneron responded that Repatha would have faced pricing pressures even without competition from Praluent.

The court sided with Amgen, adding that the remedies available at law, such as monetary damages, were inadequate to compensate for the injury (another pre-condition to a permanent injunction).

Robinson explained that the court will delay the imposition of the injunction for 30 days, to allow defendants the “opportunity to appeal and request expedited review of this ruling by the Federal Circuit, and/or to encourage the parties to reach an appropriate business resolution”.

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More on this story

Americas
12 January 2017   A US District Court has denied Sanofi and Regeneron’s motion to suspend an injunction which was obtained by Amgen earlier this month.
Americas
6 October 2017   The US Court of Appeals for the Federal Circuit has vacated a permanent injunction awarded to Amgen in its dispute with Sanofi and Regeneron.
Americas
17 October 2017   A patent counsel at Eli Lilly discussed a recent dispute pitting Amgen against Sanofi and Regeneron, saying an appeals court ruling was convoluted.

More on this story

Americas
12 January 2017   A US District Court has denied Sanofi and Regeneron’s motion to suspend an injunction which was obtained by Amgen earlier this month.
Americas
6 October 2017   The US Court of Appeals for the Federal Circuit has vacated a permanent injunction awarded to Amgen in its dispute with Sanofi and Regeneron.
Americas
17 October 2017   A patent counsel at Eli Lilly discussed a recent dispute pitting Amgen against Sanofi and Regeneron, saying an appeals court ruling was convoluted.

More on this story

Americas
12 January 2017   A US District Court has denied Sanofi and Regeneron’s motion to suspend an injunction which was obtained by Amgen earlier this month.
Americas
6 October 2017   The US Court of Appeals for the Federal Circuit has vacated a permanent injunction awarded to Amgen in its dispute with Sanofi and Regeneron.
Americas
17 October 2017   A patent counsel at Eli Lilly discussed a recent dispute pitting Amgen against Sanofi and Regeneron, saying an appeals court ruling was convoluted.