我是 LongbridgeAI,我可以總結文章信息。美國聯邦貿易委員會(FTC)在針對安進(Amgen)的反壟斷案件中提交了法庭之友意見書,認為收購其藥物恩利(Enbrel)的專利申請以消除競爭對手對競爭構成了重大威脅。該機構主張,這種收購行為可能比購買已發放的專利更具反競爭性,並對安進提出的這些交易免於反壟斷責任的上訴提出質疑
By Dean Seal
The Federal Trade Commission told a federal judge that Amgen's acquisition of rights to patent applications related to its arthritis drug Enbrel is subject to antitrust scrutiny.
The agency has filed a friend-of-the-court brief in private antitrust litigation that claims Amgen illegally acquired the rights to patent applications that it then shaped to cover Enbrel and eliminate low-cost competitors.
A federal judge already denied Amgen's motion to dismiss the case, which Amgen has since appealed on the grounds that its acquisition of patent applications, as opposed to issued patents, were immune from antitrust liability.
The FTC's filing doesn't technically support Amgen or CareFirst of Maryland, the lawsuit's plaintiff. But it does state that Amgen's arguments on appeal cut against the longstanding framework that acquiring a patent can violate antitrust laws if it boosts the purchaser's market power.
Patent applications can provide unique strategic advantages that can lead to more anticompetitive harm than acquiring an issued patent, the agency argued.
"Amgen's novel and sweeping arguments find no support in case law and, if accepted, would pose a substantial threat to competition," the FTC said.
The agency said it filed the brief because of its focus on making prescription drugs more affordable by promotion competition.
Write to Dean Seal at dean.seal@wsj.com
(END) Dow Jones Newswires
August 21, 2026 13:33 ET (17:33 GMT)
Copyright (c) 2026 Dow Jones & Company, Inc.
