Amgen appeal tests antitrust reach over pending patent rights
By Steve Scherer ( August 26, 2026, 15:28 GMT | Comment) -- Review by the US Court of Appeals for the Fourth Circuit of Amgen’s Enbrel patent strategy could clarify that acquisitions of rights to pending patent applications receive no categorical exemption from antitrust scrutiny, particularly when a monopolist acquires exclusive rights capable of foreclosing competition or reinforcing its existing power, attorneys told MLex.Exclusive control of a pending patent application can give a company competitive power long before the US Patent and Trademark Office grants a patent, the Federal Trade Commission has told an appeals court tasked with reviewing Amgen’s Enbrel strategy....
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