Sandoz fails in patent suit with Amgen over Enbrel; Cubist prevails over Cubicin

US biotech giant Amgen (Nasdaq: AMGN) saw its shares rise 1.9% to $172.00 yesterday after the top US patent appeal court upheld its dismissal of a law suit by Sandoz, the generics unit of Swiss pharma major Novartis (NOVN: VX), relating to the blockbuster arthritis and psoriasis drug Enbrel (etanercept).

The ruling, handed down on Friday by Judge Richard Taranto of the US Court of Appeals for the Federal Circuit, does not stop Sandoz from developing its drug. However, Judge Taranto only ruled that the law suit against Amgen was premature because Sandoz had not yet sought approval for the drug from the US Food and Drug Administration, noted a Reuters report.

However, the Court of Appeals did not address a more intriguing issue, said the Wall Street Journal: whether such law suits are permitted under federal law or whether a company developing a biosimilar would be required to provide information about its product to the brand-name drugmaker.