Earlier this month, the Federal Circuit vacated an injunction in the Amgen v. Sanofi litigation that would have otherwise prohibited the sale of Sanofi and Regeneron’s Praluent® (alirocumab) product in the United States until expiration of the patents-in-suit. Today, Amgen filed a motion to extend the time for it to file a petition for rehearing by 30 days, from November 6, 2017 to December 6, 2017. While Sanofi and Regeneron have agreed to a 15-day extension, they oppose Amgen’s requested 30-day extension as “unnecessary” on the ground that Amgen “has not shown good cause,” particularly where “the Court’s rules already provide a generous 30 days for seeking rehearing—more than twice what the Federal Rules of Appellate Procedure contemplate.”
