In a boost for Amgen, the U.S. Supreme Court agreed to hear a case in which the company argued a federal appeals court incorrectly determined its patent claims on a cholesterol medication are invalid.
At issue is a long-running battle between Amgen and a pair of rivals — Sanofi and Regeneron Pharmaceuticals — over the market for injectable cholesterol treatments. Amgen filed a lawsuit against the other companies in 2014 for allegedly infringing patents when they sought regulatory approval for their own medication. Both drugs won U.S. regulatory approval the subsequent year.
The case has been closely watched as a vehicle for settling debates over the extent to which a company must describe how to replicate its newly invented medicines when applying for patents, notably biologics. These treatments constitute a highly lucrative market because they are used to help the body fight cancer and a wide array of other diseases — and often carry considerable price tags.
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