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Amgen et al. v. Sanofi et al. | Patent Lawsuit 21-757

Amgen, Inc. et al. v. Sanofi et al.

21-757 U.S. Supreme Court Closed 7 patents
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Infringement action filed 18 Nov 2021 in the U.S. Supreme Court and closed 18 May 2023, with 7 patents asserted. Recorded basis of termination: appeal dismissed.

Case recordPatsnap Litigation Data·

Case record

Case no.
21-757
Verdict cause
Infringement action
Court
U.S. Supreme Court
Court level
Supreme Court
Case region
District of Columbia
Chief judge
Neil M. Gorsuch
Trial level
Judicial review
Filed – Closed
18 Nov 2021 – 18 May 2023
Duration
546 days
Basis of termination
Appeal Dismissed
Products & marks
Antigen binding proteins to proprotein convertase subtilisin kexin type 9 (PCSK9) · Hierarchical load estimation system, method and program
Source: Patsnap Litigation Data. Case 21-757, U.S. Supreme Court. Open this record in Eureka
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Patent at issue
US8871914B2 Active App. US14/261063

Antigen binding proteins to proprotein convertase subtilisin kexin type 9 (PCSK9)

Antigen binding proteins that interact with Proprotein Convertase Subtilisin Kexin Type 9 (PCSK9) are described. Methods of treating hypercholesterolemia and other disorders by administering a pharmaceutically effective amount of an antigen binding protein to PCSK9 are described. Methods of detecting the amount of PCSK9 in a sample using an antigen binding protein to PCSK9 are described.

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Patent standing
Legal status
Active
Granted
28 Oct 2014
Earliest priority
23 Aug 2007
Est. expiry
22 Aug 2028
Validity challenges
None recorded
Licences recorded
None recorded
Classification
C07K16/40C07K16/00C12N15/113
Examiner
WEN, SHARON
US8871914B2 patent drawing, figure 1
Fig. 1
US8871914B2 patent drawing, figure 2
Fig. 2
US8889834B2 Active App. US14/260985

Antigen binding proteins to proprotein convertase subtilisin kexin type 9 (PCSK9)

Antigen binding proteins that interact with Proprotein Convertase Subtilisin Kexin Type 9 (PCSK9) are described. Methods of treating hypercholesterolemia and other disorders by administering a pharmaceutically effective amount of an antigen binding protein to PCSK9 are described. Methods of detecting the amount of PCSK9 in a sample using an antigen binding protein to PCSK9 are described.

Read claims and description in Eureka
Patent standing
Legal status
Active
Granted
18 Nov 2014
Earliest priority
4 Aug 2008
Est. expiry
22 Aug 2028
Validity challenges
None recorded
Licences recorded
None recorded
Classification
C07K16/40C07K16/00
Examiner
WEN, SHARON
US8889834B2 patent drawing, figure 1
Fig. 1
US8889834B2 patent drawing, figure 2
Fig. 2
Source: Patsnap patent data + case record. Bibliographic fields and drawings reproduced from the published patent document. Break down the claims
Parties & counsel

Parties of record

Counsel of record

AttorneyForRole
Jeffrey Alan LamkenAmgen, Inc.Plaintiff
Paul D. Clement.SanofiDefendant
Source: case record + Patsnap company data. Attorney names appear as recorded in the docket. Compare both portfolios
Outcome

Basis of termination

From the record · verbatim

“Section 112 of the Patent Act reflects Congress’s judgment that if an inventor claims a lot, but enables only a little, the public does not receive its benefit of the bargain. For more than 150 years, this Court has enforced the statutory enablement requirement according to its terms. If the Court had not done so in Incandescent Lamp, it might have been writing decisions like Holland Furniture in the dark. Today’s case may involve a new technology, but the legal principle is the same. The judgment is Affirmed.”

Case 21-757 · U.S. Supreme Court · closed 18 May 2023
Source: case record, verbatim. The quoted paragraph is the basis-of-termination text as filed.

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Three questions this record usually leads to. Each one runs against the full litigation and patent corpus, and cites what it finds.

FAQ

Frequently asked questions

What is case 21-757?

21-757 is a patent infringement action brought by Amgen, Inc. against Sanofi, filed on 18 Nov 2021 in the U.S. Supreme Court. The case closed on 18 May 2023.

Which patents were asserted in 21-757?

US8871914B2 (“Antigen binding proteins to proprotein convertase subtilisin kexin type 9 (PCSK9)”), assigned to AMGEN INC., currently active; US8889834B2 (“Antigen binding proteins to proprotein convertase subtilisin kexin type 9 (PCSK9)”), assigned to AMGEN INC., currently active; US8829165B2 (“Antigen binding proteins to proprotein convertase subtilisin kexin type 9 (PCSK9)”), assigned to AMGEN INC.; US8871913B2 (“Antigen binding proteins to proprotein convertase subtilisin kexin type 9 (PCSK9)”), assigned to AMGEN INC.; US8583698B2 (“Hierarchical load estimation system, method and program”), assigned to NEC CORPORATION; US8859741B2 (“Antigen binding proteins to proprotein convertase subtilisin kexin type 9 (PCSK9)”), assigned to AMGEN INC.; US8883983B2 (“Antigen binding proteins to proprotein convertase subtilisin kexin type 9 (PCSK9)”), assigned to AMGEN INC.. The record also lists Antigen binding proteins to proprotein convertase subtilisin kexin type 9 (PCSK9) and Hierarchical load estimation system, method and program.

How was case 21-757 terminated?

The recorded basis of termination is appeal dismissed. The termination text reads: “Section 112 of the Patent Act reflects Congress’s judgment that if an inventor claims a lot, but enables only a little, the public does not receive its benefit of the bargain. For more than 150 years, this Court has enforced the statutory enablement requirement according to its terms. If the Court had not done so in Incandescent Lamp, it might have been writing decisions like Holland Furniture in the dark. Today’s case may involve a new technology, but the legal principle is the same. The judgment is Affirmed.”

How long did case 21-757 take?

546 calendar days, from filing on 18 Nov 2021 to closure on 18 May 2023.

Who were the attorneys and the judge in 21-757?

Chief Judge Neil M. Gorsuch presided. Jeffrey Alan Lamken is recorded as counsel for plaintiff Amgen. Paul D. Clement. appears for defendant Sanofi.

Answers reproduce fields from the case record for 21-757 and do not constitute legal advice. Ask your own question

Disclaimer. This page reproduces publicly available court docket data for case 21-757 and is provided for general information and reference only. It is not legal advice and must not be relied upon as such.

Docket data has limits. Records are drawn from a snapshot and may lag the live docket. Sealed filings, amended complaints, counterclaims and post-closure motions may not be reflected. Party names, attorney names and firm affiliations are reproduced as recorded and may contain omissions. Where a field is absent from the record, this page marks it as not recorded rather than inferring a value.

No characterisation of the parties or the outcome. This page reports what the record contains. Nothing here should be read as an assertion that any party infringed, that any patent is valid or invalid, that any settlement occurred, or that any party prevailed.

No FTO or validity opinion. Nothing on this page constitutes a freedom-to-operate, novelty, validity or infringement opinion. Any decision touching a live patent dispute should be verified independently and reviewed with qualified patent counsel.

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