Am­gen, GSK, Re­genxbio and oth­ers urge SCO­TUS to re­view 'dam­ag­ing' de­ci­sion on bio­med­ical patents

The Supreme Court should weigh in on a re­cent Fed­er­al Cir­cuit de­ci­sion that “de­fies his­to­ry and prece­dent” and could up­end the en­tire bio­phar­ma in­no­va­tion ecosys­tem, a group of drug­mak­ers and re­search in­sti­tu­tions told SCO­TUS in am­i­ci briefs this week, back­ing Bris­tol My­ers Squibb’s bid to re-re­view a case against Gilead’s Kite Phar­ma.

The case in ques­tion cen­ters on a CAR-T ther­a­py patent first ob­tained by Memo­r­i­al Sloan Ket­ter­ing Can­cer Cen­ter, which then com­mer­cial­ly de­vel­oped the ther­a­py un­der an ex­clu­sive li­cense to Juno, a com­pa­ny lat­er bought by Cel­gene for $9 bil­lion, and then ac­quired by BMS. But an­oth­er, sim­i­lar CAR-T ther­a­py was de­vel­oped with­out such a li­cense by Kite.

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