The ruling reduces Amgen's ability to invalidate or delay enforcement of the '099 patent, increasing the probability that launch of its biosimilar ABP 938 could be blocked or subject to royalties. Monitor whether Amgen repleads antitrust claims regarding the 2024 Litigation Patents and whether the laches defense proceeds to trial. Appeal of the with-prejudice dismissals is unlikely before final judgment.
Price Chart
Executive Summary
The court granted in part Regeneron's motion to strike Amgen's inequitable conduct, antitrust, patent misuse, and unclean hands defenses/counterclaims with prejudice, while allowing the prosecution laches defense to proceed. This removes several of Amgen's key legal challenges to the '099 patent, reducing its leverage in the ongoing aflibercept biosimilar (ABP 938) patent litigation.
Court Ruling Details
Key Facts
- Inequitable conduct defense/counterclaim (13th Additional Defense, 4th Counterclaim) struck and dismissed WITH PREJUDICE
- Antitrust counterclaims (6th & 7th) re '099 patent dismissed WITH PREJUDICE; re 2024 Litigation Patents dismissed WITHOUT PREJUDICE
- Patent misuse defense/counterclaim (14th, 5th) struck and dismissed WITH PREJUDICE
- Unclean hands defense (4th Additional Defense) struck WITH PREJUDICE
- Laches defense/counterclaim (11th, 3rd) survives — court denied Regeneron's motion on that ground
- UCL counterclaim (8th) dismissed with prejudice re '099 patent, without prejudice re 2024 patents
- No damages, injunction, or liability determination at this stage
Financial Impact
No monetary award or injunction; the ruling strips Amgen of multiple defenses and counterclaims, weakening its litigation position against Regeneron's patent portfolio covering Eylea (aflibercept). The laches defense remains, but the scope of viable challenge is materially narrowed.
Risk Factors
- Loss of inequitable conduct and antitrust counterclaims limits Amgen's ability to challenge patent validity
- Laches defense is the remaining path to unenforceability; if it fails, Amgen faces potential infringement liability
- Without these defenses, Amgen may be forced to delay ABP 938 launch or enter a licensing agreement on unfavorable terms
Market Snapshot
Investment Themes
Documents Analyzed
This report is based on 1 court opinion from CourtListener.
| Document | Accession Number |
|---|---|
| COURT-RULING Data (Synthetic) | court-d2d7cbf308-AMGN |
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|---|---|---|---|---|---|
Sep 10, 2026 22d ago | ANALYST-DOWNGRADE | $382.47 $379.78 | ▲ +0.70% | ▲ +0.20% | $403.04 (−5.38%) |
Sep 8, 2026 24d ago | ANALYST-DOWNGRADE | $393.17 $375.65 | ▲ +4.46% | ▲ +3.34% | $403.04 (−2.51%) |
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Aug 4, 2026 8w ago | GOVT-CONTRACT | $390.02 $414.30 | ▲ +6.23% | ▲ +6.33% | $403.04 (+3.34%) |
Jul 31, 2026 9w ago | 8-K | $378.87 $417.20 | ▼ −10.12% | ▼ −8.09% | $403.04 (−6.38%) |
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