FTC Challenges Amgen's Bid to Shield Enbrel Patent Deal - MyChesCo

The Federal Trade Commission is asking a federal appeals court to reject Amgen Inc.’s bid to shield from antitrust review its acquisition of patent rights tied to Enbrel, the arthritis drug. In an Aug. 17 brief filed with the U.S. Court of Appeals for the Fourth Circuit, the agency argues the deal prolonged Enbrel’s market exclusivity and blocked lower-cost competitors. The FTC says purchases of pending patent applications can violate antitrust law when they help companies maintain or expand monopoly power. The case is tied to a lawsuit by CareFirst of Maryland and affiliated insurers against Amgen, Immunex Corp. and Amgen Manufacturing.