Amgen Cholesterol Patent Fight Needs DOJ’s Take, Justices Say

The U.S. Supreme Court on Monday asked the solicitor general to weigh in on Amgen Inc.'s long-running dispute with Sanofi and Regeneron Pharmaceuticals Inc. over the fate of its cholesterol drug patents.

The U.S. Court of Appeals for the Federal Circuit found in February 2021 that Amgen’s patents on Repatha that covered hundreds of distinct antibodies were too broad to be valid, ruling that a skilled expert wouldn’t be able to recreate all possible variations of the invention without undue experimentation.

Amgen argued that the Federal Circuit’s holding “defies more than a century” of high court precedent and would have ...