Amgen Patent Strategy Faces Antitrust Scrutiny Over Pending Applications

The US Court of Appeals for the Fourth Circuit is set to review Amgen's Enbrel patent strategy, which could clarify whether acquisitions of pending patent applications are exempt from antitrust scrutiny.

Amyrs Amgen has acquired exclusive rights to certain pending patent applications related to Enbrel, a treatment for autoimmune disorders. The Federal Trade Commission (FTC) argues that this control can give a company competitive power long before the US Patent and Trademark Office grants a patent.

The FTC's stance suggests that monopolies acquiring pending patent applications could be subject to antitrust scrutiny if they have the potential to foreclose competition or reinforce their existing market power. This case could set an important precedent for companies operating in the pharmaceutical industry.