FTC Challenges Amgen's Antitrust Shield Claim Over Enbrel Patent Rights

The Federal Trade Commission (FTC) has opposed Amgen's argument that commercial agreements for acquiring patent application rights are exempt from antitrust scrutiny. In an appeal related to Enbrel, a blockbuster autoimmune drug, the FTC urged the Fourth Circuit to reject Amgen's position.

Amgen claims that its agreements shield it from antitrust laws, but the FTC argues this stance is a threat to established understandings of antitrust law. The FTC has asked the court to uphold the district court's ruling in favor of AbbVie and Biogen, which developed Enbrel.