February 11, 2019 / 12:50 PM / 6 months ago

Judge bars Amgen’s willfulness claims in retrial of cholesterol-drug patent lawsuit

Amgen Inc cannot claim that Sanofi SA and Regeneron Pharmaceuticals willfully infringed its patents on the cholesterol-lowering drug Repatha when the case is retried this month, a federal judge in Delaware ruled on Friday.

U.S. District Judge Richard Andrews said the company waived its right to claim willfulness by failing to appeal a contrary ruling after the first trial in 2016. The decision means that Amgen cannot seek enhanced damages – up to treble the actual amount – if it establishes that Sanofi and Regeneron infringed its patents on Repatha in developing their own cholesterol-fighter, Praluent.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2DvBQan

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