On August 9, the U.S. District Court for the District of New Jersey ruled in favor of Sidley clients Amgen and Immunex on the validity of two patents that describe and claim its blockbuster rheumatoid arthritis drug Enbrel® and methods for making it.
Enbrel® has brought life-changing relief to thousands of patients who suffer from rheumatoid arthritis and other debilitating diseases. It is the world’s fifth-best-selling biologic drug.
Sandoz subsidiaries of the global biopharma company Novartis challenged the validity of these patents in conjunction with efforts to launch of a competing copy of Enbrel®. Amgen affiliates Immunex and Amgen Manufacturing, along with the owner and licensor of the two patents, Hoffmann-La Roche, brought the patent infringement action in Federal Court against Sandoz. Before trial, Sandoz acknowledged that its biosimilar infringes seven patent claims. The trial took nearly a month. In its decision, the Court rejected all of Sandoz’s defenses.
Working in close collaboration with Amgen’s talented team of in-house intellectual property litigators, David Pritikin and Vern Winters served as lead trial counsel representing Amgen/Immunex. Jeff Kushan also played a material strategy role at trial. Additional Sidley team members included Peter Choi, Sona De, Joshua Fougere, Steven Horowitz, Sam Tiu, Frank Volpe, Richard Chen, Sue Wang and Brooke Zarouri.