On June 21, 2021, McKool Smith secured another significant appellate victory for Sanofi and Regeneron. The U.S. Supreme Court denied Amgen Inc. unit Immunex Corp.’s petition for certiorari, which asked the justices to take on its appeal of the Federal Circuit’s decision to affirm the Patent Trial and Appeal Board’s invalidation of its patent claiming interleukin-4 receptor antibodies. This stems from a lawsuit launched by Immunex against drug makers Sanofi and Regeneron in 2017 for alleged patent infringement by their novel biologic drug Dupixent.
Sanofi and Regeneron are represented by Lauren Fornarotto and John Garvish of McKool Smith. Ms. Fornarotto served as lead counsel in the PTAB matter and successfully argued the case before the PTAB and the Federal Circuit. The case is Immunex Corp. v. Sanofi-Aventis US LLC and the case number is 20-1285.
Media Coverage can be found here:
- "High Court Skips Amgen Unit's Arthrex Arguments in IP Case," Law360 (06-21-2021)
"The U.S. Supreme Court refused Monday to review whether an Amgen Inc. unit's patent on treating inflammatory disorders was improperly struck down, despite arguments that the invalidation was decided by unconstitutionally appointed judges under the Arthrex ruling."
- "This Week in IP: Scotus denies Immunex v Sandoz petition," Managing IP (06-28-2021)
"The US Supreme Court rejected Immunex’s petition to hear its case on whether administrative patent judges at the Patent Trial and Appeal Board were constitutionally appointed on Monday, June 21, the same day it issued its opinion on that matter in US v Arthrex."