Amgen's Immunex subsidiary filed litigation in Los Angeles federal court on April 5 alleging that Sanofi and Regeneron Pharmaceuticals' Dupixent (dupilumab) infringes one of its patents related to a failed asthma treatment. Analysts have estimated that Dupixent, which was approved by the FDA last month for adults with moderate-to-severe atopic dermatitis and has a cost of $37 000 a year, could exceed $3 billion in peak sales.
In the complaint, Immunex contends it "has suffered and will continue to suffer damages as a result of defendants' infringing activities." Last month, Sanofi and Regeneron pre-emptively filed a lawsuit requesting an order confirming that Dupixent does not infringe patents held by Amgen.
Commenting on the news, Sanofi remarked "we are aware of the complaint Immunex has filed in regards to Dupixent," adding that "we do not believe that the manufacture or sale of Dupixent infringes a valid claim of any patent, and we will continue to vigorously protect and defend our innovative product."
In February, a US appeals court suspended an injunction barring the sale of Sanofi and Regeneron's PCSK9 inhibitor Praluent (alirocumab). A US district court had previously upheld Amgen's request for a permanent injunction barring the manufacture and sale of Praluent, which the company argued infringed two patents covering its own PCSK9 inhibitor Repatha (evolocumab).
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