Amgen’s Alirocumab Patents Survive Validity Challenge After Jury Trial

On February 25, 2019, a jury in the District of Delaware made findings related to the validity of two of Amgen’s patents (U.S. Patent Nos. 8,829,165 and 8,859,741) covering its cholesterol-lowering drug Repatha® (evolocumab).  The jury found Sanofi and Regeron failed to demonstrate that at least some claims of the asserted patents were invalid.  The jury made the following findings:

  • Claims 19 and 29 of the ’165 patent and claim 7 of the ’741 patent were not invalid for lack of adequate written description.
  • Claims 7 and 15 of the ’165 patent were invalid for lack of written description.
  • The jury held that Sanofi failed to prove that any of the asserted claims were invalid for lack of enablement.

Because Sanofi and Regeneron conceded prior to trial that their product, Praluent® (alirocumab), infringes the patents-in-suit, the trial was limited to validity arguments.  Our most recent prior coverage on this case can be found here.

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