Amgen appeals over orphan drug biosimilar ban

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Amgen appeals over orphan drug biosimilar ban

Vials of liquid on a white table and the logo of a large pharmaceutical company.

Alexion obtained a preliminary injunction in Munich barring Amgen from selling a biosimilar version of its antibody drug

Amgen has appealed against a German court order issued last Friday, August 4, after having earlier been forced to pull a drug for a rare blood disorder from the German market.

Alexion, a UK-based biologics developer owned by AstraZeneca, asserted orphan drug exclusivity (ODE) rights on its antibody treatment Soliris (eculizumab) against Amgen at the Munich Regional Court earlier this year.

Soliris is approved by the European Medicines Agency (EMA) to treat paroxysmal nocturnal haemoglobinuria (PNH), a chronic blood condition, as well as other rare diseases.

The EMA approved Bekemv, Amgen’s biosimilar version of Soliris, for the treatment of PNH in April this year, after Alexion’s monopoly on that use of the drug expired.

But in May, days after Bekemv launched in Germany, Alexion obtained a preliminary injunction at the Munich court that restricted Amgen’s sale of the drug.

Alexion claimed there was a risk that Bekemv would be used for the off-label treatment of conditions other than PNH, for which Alexion still has exclusive rights.

Soliris is protected by ODE until later this year for atypical haemolytic uraemic syndrome, until 2027 for generalised myasthenia gravis, and until 2029 for neuromyelitis optica spectrum disorder.

The Munich court upheld May’s preliminary order last Friday, August 4, after finding that Amgen had contributed to the risk of off-label use of Bekemv by sending letters of recommendation to medical practitioners.

A spokesperson for Alexion said: "We are pleased with the court’s decision in that it helps protect some of the incentives that propel innovation in the rare disease space.”

Counsel for Amgen said the case was the first time the holder of ODE rights had asserted them against a competitor in Europe.

The court ruled Amgen couldn’t market Bekemv unless it met certain conditions, which its lawyers have described as “unreasonable” and “unbearable”.

Amgen, represented by Osborne Clarke and Bardehle Pagenberg, has appealed against the decision to the Federal Court of Justice.

According to Tilman Müller-Stoy, partner at Bardehle Pagenberg, the injunction is based entirely on the mere danger of off-label use.

The court’s order would require Amgen customers, including hospitals, to contractually agree not to make any off-label use of the drug, Müller-Stoy said.

Alexion has also sued Samsung’s biosimilars unit, Samsung Bioepis, at the same court. A hearing over a preliminary injunction in that case is scheduled for August 16.

The EMA approved Samsung Bioepis’s biosimilar version of eculizumab in May.

more from across site and SHARED ros bottom lb

More from across our site

Sources explain why return-to-office mandates could hamper efficiency at the USPTO
The Unified Patent Court surpassing 700 cases and a row between Apple and PanOptis were among the top talking points this week
Partners at four firms explain how they help clients join in the hype around the big game without attracting the NFL’s wrath
We discuss how law firms are using AI, whether remote working has resulted in cost-savings, and what corporate counsel want from their advisers when it comes to DEI
Matthew Yeates, managing director at Integrated IP, discusses its acquisition of Clark IP and reveals further expansion plans
Paul Lee discusses moving from venture capital to IP, why lawyers are becoming more receptive to tech, and why he starts his day with a cold plunge
Barbara Lawton, a counsellor and mental health trainer at wellbeing charity Jonathan’s Voice, outlines tips for engaging with vulnerable people
New partner Amir Ghavi, who will help launch the group, says he expects more lateral hires in the coming weeks
Counsel at three firms reveal the tools they’re using to generate patent invalidity claim charts and why they’re making investments in the technology
Eric Lee says the firm’s thought leadership on artificial intelligence convinced him to move
Gift this article