Appeals Court Allows Sanofi, Regeneron to Continue Selling Cholesterol Drug
February 08 2017 - 7:32PM
Dow Jones News
By Jonathan D. Rockoff
A U.S. federal appeals court said Wednesday that Sanofi SA and
partner Regeneron Pharmaceuticals Inc. can keep selling their
cholesterol drug while they challenge a patent-infringement ruling
by a lower court that threatened to halt sales.
The decision, by the U.S. Court of Appeals for the Federal
Circuit, gives the two companies a temporary reprieve from a trial
court's ruling last month finding their drug Praluent violated
patents held by rival Amgen Inc.
Sanofi and Regeneron praised the decision for ensuring patients
could keep getting Praluent while the litigation continues, and
expressed confidence in their prospects on appeal. "It is our
longstanding position that Amgen's asserted patent claims are
invalid," the companies said in a statement.
Without the appeals court's decision, Sanofi and Regeneron would
have been blocked from selling Praluent in the U.S. while they kept
fighting the patent-infringement case. The decision doesn't mean,
however, the companies will ultimately prevail.
"Amgen remains confident in the validity of our patents and the
correctness of the jury verdict and district court's judgment," a
company spokeswoman said. "We look forward to presenting our case
on the lack of merit in" the appeal by Sanofi and Regeneron.
Praluent and Amgen's competing drug Repatha, each approved for
sale in 2015, belong to a new class of cholesterol fighters known
as PCSK9s. Analysts originally expected the drugs to be
multibillion-dollar sellers, but health-insurance plans have
restricted use, partly because of their price tags.
The U.S. District Court in Delaware ruled early last month that
Praluent infringed on Repatha patents, and gave Sanofi and
Regeneron 30 days to either settle the dispute or appeal.
Write to Jonathan D. Rockoff at Jonathan.Rockoff@wsj.com
(END) Dow Jones Newswires
February 08, 2017 19:17 ET (00:17 GMT)
Copyright (c) 2017 Dow Jones & Company, Inc.
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