Amgen Accused of Using Patent Grab to Extend Monopoly on Rheumatoid Arthritis Drug Enbrel

The Open Markets Institute has filed an amicus brief in support of an antitrust lawsuit against Amgen, which alleges that the company used its acquisition of pending patent rights to extend its monopoly over the drug Enbrel. The lawsuit claims that Amgen acquired the patent rights from Roche and used them to prevent lower-cost biosimilar competitors from entering the market until 2029.

The Open Markets Institute argues that this alleged strategy can constitute illegal monopolization under Section 2 of the Sherman Act, which prohibits companies from acquiring or maintaining monopoly power through exclusionary conduct. The institute's brief argues that patent law should reward innovation, not provide a playbook for monopolists to buy up potential threats and perpetuate their dominance.

The lawsuit alleges that if Roche had retained the patent rights, it would have likely licensed them to other companies or used them to enter the Enbrel market itself. Amgen's alleged acquisition of the patent rights has resulted in billions of dollars in lost savings for patients and payors, according to the brief.