Should SCOTUS hear Amgen’s Repatha case? Solicitor general says no

Back in April, Amgen said it was encouraged by the solicitor general’s anticipated review of its Supreme Court petition to rehear a Repatha patent case. They’re likely much less optimistic about the outcome now.

Solicitor General Elizabeth Prelogar wrote in a recent 27-page brief that Amgen’s arguments “lack merit and further review is not warranted.”

The case traces back to a suit filed in 2014 against Sanofi and Regeneron’s Praluent, which ended up beating Amgen’s PCSK9 blockbuster Repatha to market by a month just a year later.

Both antibody drugs are designed to control LDL cholesterol, often called “bad cholesterol” because it can increase patients’ risk of heart disease and stroke. They work by preventing PCSK9, a naturally occurring protein, from binding to and eventually causing the destruction of LDL receptors in the liver.

Amgen initially sued Sanofi and Regeneron before the drugs went to market, seeking to block the…
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