BRIEF—US court upholds Amgen Kyprolis patent

5 May 2020

The US District Court in Delaware issued a decision upholding the validity of patent claims from three patents that protect Amgen's multiple myeloma therapy Kyprolis (carfilzomib).

Today's decision will prevent India’s Cipla Limited, and subsidiary Cipla USA, from making, using, selling, offering to sell, or importing its generic version of Kyprolis until expiration of these three US patents.

The latest patent expiry is in December 2027.

Onyx Therapeutics, an indirect, wholly-owned subsidiary of Amgen, brought a patent infringement suit against Cipla in 2016.

The decision comes after the Delaware court held a bench trial in May 2019.

Prior to trial, Cipla acknowledged that its generic product would infringe all of the asserted claims, leaving only the issue of validity of the asserted patents to be addressed by the court.

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