The Patent Buy That Changed the Game
In 2004, Amgen purchased Roche’s patent rights, which Sandoz claims served no purpose other than to extend its legal power to block biosimilars. When Sandoz attempted to enter the U.S. market with its Enbrel alternative, Erelzi, Amgen used those patents to halt the launch—actions Sandoz now argues violate Section 2 of the Sherman Act.
While Sandoz’s biosimilar has been approved and successfully marketed in Europe since 2017—cutting Enbrel’s prices by nearly 50% in some markets—the U.S. market has remained closed, costing the healthcare system billions, according to the suit.
A Costly Delay for American Patients
The complaint highlights Sandoz’s role in reducing drug costs through biosimilars, pointing to its earlier launch of Zarxio—a biosimilar to Amgen’s Neupogen—which saved U.S. consumers about $1.6 billion from 2016 to 2022.
But due to Amgen’s “unlawful and anticompetitive scheme,” Sandoz says it has been unable to offer the same cost-saving competition for Enbrel in the U.S.
“Unless stopped, Amgen will continue to rake in billions by keeping affordable biosimilars off the market until at least 2029,” the complaint states. In 2024 alone, Enbrel generated $3.288 billion in revenue for Amgen, with prices rising nearly every year.
