Justices Debate Antibodies in Amgen-Sanofi Drug Patent Fight (1)

The Supreme Court appeared to struggle Monday over Amgen Inc.'s arguments in a dispute with Sanofi S.A. that two canceled patents covering its Repatha cholesterol drug contained enough information to merit protection.

Justice Clarence Thomas pressed Amgen counsel Jeffrey Lamken on why he said the patents—related to antibodies called PCSK9 inhibitors, which help reduce LDL cholesterol levels—can be likened to a steam engine design.

According to Lamken, both the engine and Amgen’s cholesterol drug may be made many different ways, but those variations on the original should not invalidate the patent for the base design simply because additional combinations would ...