Bloomberg Law
Feb. 12, 2021, 7:00 PM

In Amgen Antibody Patent Case, Court Dodges Industry Upheaval

Ian Lopez
Ian Lopez
Senior Reporter
Susan Decker
Susan Decker
Bloomberg News

The Federal Circuit dodged a major shakeup to the pharmaceutical industry in invalidating Amgen Inc.'s cholesterol drug patents, in a decision long awaited by drug companies and intellectual property attorneys.

Amgen’s Repatha patents that covered hundreds of distinct antibodies were too broad to be valid, as they didn’t enable a person skilled in the subject matter to make use of the covered intellectual property, according to the Thursday ruling.

Outside drug companies were split over whether such broadly encompassing patent rights were a boon or bust for innovation. Pfizer Inc. claimed such wide-ranging IP rights marked a threat to ...