STAT+: Can buying a drug patent application be seen as a bid to prolong a monopoly?

Drugmakers are often accused of manipulating the U.S. patent system to crowd out rivals, and an escalating court battle is focusing on a nuanced question: when does acquiring a patent application allow a company to unfairly maintain a monopoly? The litigation pits a large health insurer against Amgen, and the outcome could place pharmaceutical patent deals under wider scrutiny at a time when patent maneuvers are cited as a tool for maintaining high prices.

The Federal Trade Commission has unexpectedly weighed in on the side of payers and consumers, arguing the maneuver deserves attention due to antitrust concerns. The case is being closely watched for its potential to intensify scrutiny of drug patent practices.