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FTC raises antitrust concerns over drugmaker acquiring patent application in Amgen lawsuit

A court dispute between Amgen and a major health insurer addresses whether purchasing a drug patent application can constitute an unfair monopoly strategy.

The short version

  • A lawsuit between a health insurer and Amgen centers on whether acquiring a patent application is an unfair tactic to maintain a pharmaceutical monopoly.
  • The Federal Trade Commission filed a brief supporting payers and consumers, warning that such acquisitions raise antitrust concerns.
  • The outcome could increase legal scrutiny on pharmaceutical patent transactions and their impact on drug pricing.

Key facts

  • A court battle between a major health insurer and Amgen examines whether purchasing a patent application illegally prolongs a drug monopoly.[STAT]
  • The FTC submitted a brief siding with consumers and health payers, asserting that acquiring patent applications raises antitrust issues.[STAT]

What remains uncertain

  • The specific drug and patent application at issue in the Amgen lawsuit remain unverified due to reporting limitations.[STAT]

Sources