Amgen Considering Petitioning for Rehearing of Praulent Appeal

Earlier this month, the Federal Circuit vacated an injunction in the Amgen v. Sanofi litigation that would have otherwise prohibited the sale of Sanofi and Regeneron’s Praluent® (alirocumab) product in the United States until expiration of the patents-in-suit.  Today, Amgen filed a motion to extend the time for it to file a petition for rehearing by 30 days, from November 6, 2017 to December 6, 2017.  While Sanofi and Regeneron have agreed to a 15-day extension, they oppose Amgen’s requested 30-day extension as “unnecessary” on the ground that Amgen “has not shown good cause,” particularly where “the Court’s rules already provide a generous 30 days for seeking rehearing—more than twice what the Federal Rules of Appellate Procedure contemplate.”