Amgen Seeks 4th Circ. Dismissal of CareFirst Suit Over Enbrel Patents

Pharmaceutical giant Amgen is urging the Fourth Circuit to dismiss CareFirst's lawsuit alleging that it delayed biosimilar competition for its Enbrel medication. In a September 8 filing, Amgen argued that the health insurer's alleged injury was caused by court orders enforcing Amgen's patents rather than any wrongdoing on its part.

CareFirst had initially sued Amgen in Virginia federal court, accusing it of engaging in anticompetitive practices to maintain its market dominance for Enbrel. However, a lower court refused to dismiss the suit, prompting Amgen to appeal to the Fourth Circuit.

Amgen's filing emphasized that CareFirst's alleged injury was not caused by any actions taken by Amgen but rather by court orders enforcing Amgen's patents. The company argued that the health insurer's claims are essentially based on a mistaken understanding of the law and should be dismissed accordingly.