Sanofi, Regeneron strongly disagree with verdict upholding Amgen patent claims

Sanofi and Regeneron Pharmaceuticals Inc. announced they strongly disagree with certain aspects of today’s jury verdict from the U.S. District Court for the District of Delaware.
The jury upheld the validity of three of the five asserted claims of two Amgen U.S. patents covering antibodies targeting PCSK9 (proprotein convertase subtilisin/kexin type 9). The jury agreed with Sanofi and Regeneron for two of the five asserted claims, finding they were invalid based on lack of written description. The verdict does not impact U.S. physicians’ and patients’ access to Praluent(®) (alirocumab).

“We are disappointed in today’s verdict,” said Karen Linehan, Executive Vice President and General Counsel, Sanofi. “It is our longstanding belief that all of Amgen’s asserted U.S. patent claims are invalid and we believe the law and the facts support our positions.”

Sanofi and Regeneron intend to file post-trial motions with the District Court over the next few months, seeking to overturn the jury verdict and also requesting a new trial. In addition, if necessary, the companies plan to appeal to the Court of Appeals for the Federal Circuit. On February 8, 2019, the District Court dismissed Amgen’s claim for willful infringement.

“We will continue to vigorously defend our positions against Amgen’s overly broad patent claims,” said Joseph LaRosa, Executive Vice President, General Counsel and Secretary, Regeneron. “We are considering our next steps in this important case and continue to believe in the differentiated clinical profile of Praluent.”

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