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The fight over proposed Enbrel
® (etanercept) biosimilar Erelzi
certiorari requesting review of the judgement of the Federal Circuit on whether:
[a] patent owner [may] avoid the rule against double patenting by buying all of the substantial rights to a second, later-expiring patent for essentially the same invention, so long as the seller retains nominal ownership and a theoretical secondary right to sue for infringement?
Petition at i. In July 2020, the Federal Circuit considered Sandoz’s arguments that two patents covering Immunex Corp.’s (“Immunex”) Enbrel were invalid for obviousness-type double patenting. The Federal Circuit concluded that the patents-at-issue were not owned by Immunex, and therefore not subject to the alleged obviousness-type double patenting defect.
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சாண்டோஸ்-கஂப்
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The Chief Judge of the U.S. Court of Appeals for the Federal Circuit Sharon Prost, has quipped that, with her experience in both the legislative and judicial branches of government, she is a “walking separation of powers.”
1 Prior to her appointment to the Federal Circuit in 2001, where she has presided as chief since 2014, she served as a lawyer for the Senate, including as Senator Orrin Hatch (R-Utah)’s chief counsel on the Senate Judiciary Committee. With this resume, Judge Prost has amassed decades of exposure to and expertise with IP issues affecting the pharmaceutical industry.
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