Judge orders Sanofi, Regeneron's cholesterol drug off the market following patent dispute

U.S. District Judge Sue Robinson of Delaware on Jan. 5 granted Amgen's request for a permanent injunction to block Sanofi and Regeneron Pharmaceuticals from marketing its cholesterol drug Praluent, reports National Law Journal.

Thousand Oaks, Calif.-based Amgen won a patent dispute against Paris-based Sanofi and Tarrytown, N.Y.-based Regeneron Pharmaceuticals in 2015. Amgen alleged Praluent, which Sanofi and Regeneron co-developed, infringed on patents for Amgen's own cholesterol-lowering drug Repatha.

In her order, Judge Robinson wrote Amgen has suffered irreparable harm to both its market share and reputation by being forced to compete against an infringing drug. Since the market for these types of drugs is so new, money damages are not an adequate remedy, she continued.

While Judge Robinson noted the decision to take Praluent off the market is not in line with public interest, she believed the injunction was fair and necessary based on the validity of Amgen's patents, among other factors, reports National Law Journal.

Judge Robinson stayed her order for 30 days to allow Sanofi to appeal the decision and seek expedited review of the case from the U.S. Court of Appeals for the Federal Circuit, according to the report.

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