FTC Challenges Amgen's Bid to Shield Enbrel Patent Deal

The Federal Trade Commission (FTC) has filed a brief with the U.S. Court of Appeals for the Fourth Circuit, urging it to reject Amgen's argument that its acquisition of patent rights protecting Enbrel is immune from antitrust scrutiny.

Amgen acquired exclusive rights to the relevant patent family in 2004, including control over two pending applications and the ability to sue potential competitors. These applications produced patents in 2011 and 2012 that extended protection for Enbrel through April 2029.

The FTC argues that purchasing pending patent applications can violate federal antitrust law when it allows companies to maintain or expand monopoly power. The agency also points out that Amgen subsequently obtained permanent injunctions blocking competing biosimilars developed by Sandoz and Bioepsis.