Sanofi challenges grant of Amgen's Australian patent applications for anti-PCSK9 antibodies in Federal Court of Australia test case

Client(s) Regeneron Pharmaceuticals, Inc.; Sanofi

Jones Day acted for Sanofi in the Federal Court of Australia in proceedings concerning Sanofi's opposition to the grant of a portfolio of patent applications held by Amgen Inc. claiming anti-PCSK9 antibodies and their use in the treatment of hypercholesterolemia. This case represented the first occasion on which the Federal Court considered the validity of functional claims to antibodies including claims to antibodies defined by binding to amino acid residues and epitopes, and performance in competition assays. The case related to the parties' products for the treatment of hypercholesterolemia, Sanofi's Praluent (alirocumab) and Amgen's Repatha (evolocumab).