Amgen Inc. v. Sanofi (598 U.S. 594)
U.S. Supreme Court · decided May 18, 2023 · Supreme Court Database (Spaeth)
- Citation
- 598 U.S. 594 · 143 S. Ct. 1243
- Decided
- May 18, 2023
- Term
- October Term 2022
- Vote
- 9–0
- Majority author
- Justice Gorsuch
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Liberal
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2022 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus AMGEN INC. ET AL. v. SANOFI ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 21–757. Argued March 27, 2023—Decided May 18, 2023 This case concerns patents covering antibodies engineered by scientists that help reduce levels of low-density lipoprotein (LDL) cholesterol, sometimes called bad cholesterol because it can lead to cardiovascular disease, heart attacks, and strokes. To treat patients with high LDL cholesterol, scientists explored how antibodies might be used to inhibit PCSK9—a naturally occurring protein that binds to and degrades LDL receptors responsible for extracting LDL cholesterol from the blood- stream. Two pharmaceutical companies—Amgen and Sanofi—each developed a PCSK9-inhibiting drug. In 2011, Amgen obtained a pa- tent for the antibody employed in its drug, and Sanofi received one covering the antibody used in its drug. Each patent describes the rel- evant antibody by its…
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