Drugmakers are often accused of manipulating the U.S. patent system to crowd out rivals. But an escalating court battle is focusing attention on a nuanced but crucial question: When does acquiring a patent application allow a company to unfairly maintain a monopoly on a medicine?
The litigation — which pits a large health insurer against Amgen, a big biotech company — is being closely watched, because the outcome has the potential to place pharmaceutical patent deals under wider scrutiny at a time when patent maneuvers are sometimes cited as a tool used by drugmakers to maintain high prices.
Adding to the intrigue, the Federal Trade Commission has unexpectedly weighed in on the side of payers and consumers by arguing the maneuver deserves such attention due to antitrust concerns.
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