In the latest setback for Sanofi in the drawn-out patent dispute
with Amgen, which is selling its rival drug Repatha, the German
court ruled that Sanofi was not entitled to a special license that
would have protected its Praluent business.
Officials at Sanofi did not have an immediate comment.
Amgen had initially sued Sanofi in Germany as part of a legal
campaign in various jurisdictions, claiming the French group had
violated its patent on Repatha.
Both drugs belong to a class of PCSK9 inhibitors, used against
persistently high cholesterol levels in the blood, and aimed at the
millions of people who don't benefit from statins such as Pfizer
Inc's Lipitor.
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With Amgen's challenge ongoing, Sanofi opened a new legal front and
petitioned the German patent court to be granted a license to use
Amgen's patent to secure Praluent's continued market presence in
Germany, Europe's largest drug market.
After its bid was rejected by the patent court in September, Sanofi
turned to the higher court but the case was turned down again on
Tuesday.
Praluent will, however, remain on the German market as long as
Amgen's legal challenge against the drug's patent continues.
A U.S. jury in February confirmed the validity of Amgen's patents on
Repatha, rejecting a challenge by Sanofi and its partner Regeneron
Pharmaceuticals Inc in the protracted dispute.
(Reporting by Ursula Knapp; Writing by Ludwig Burger; editing by
David Evans)
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