US FTC says Amgen can't avoid antitrust scrutiny for acquisition of patent applications
( August 17, 2026, 22:31 GMT | Official Statement) -- MLex Summary The US Federal Trade Commission told the Court of Appeals for the Fourth Circuit that acquisitions of patent applications are not categorically immune from antitrust scrutiny, and such acquisitions are not protected under the Noerr-Pennington doctrine. The appeal concerns Carefirst’s antitrust case against Amgen over Enbrel. The agency said that “Amgen’s acquisition was a private commercial transaction, and any subsequent petitioning of the US Patent and Trademark Office or the district court was a separate step that merely maximized the value of the assets it acquired.”See attached file. Statement follows...
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