©Reuters. FILE PHOTO: A sign points to the Novartis Institutes for BioMedical Research facility in Cambridge, Massachusetts, U.S., June 16, 2021. REUTERS/Brian Snyder/FILE PHOTO
2/2
NEW YORK (Reuters) – A U.S. appeals court on Monday revived an antitrust lawsuit brought by Regeneron (NASDAQ:) Pharmaceuticals against Novartis (SIX:) related to prescription treatments to address a condition that can lead to eye disorders, including permanent blindness.
The 2nd U.S. Circuit Court of Appeals in Manhattan said a lower court judge erred in dismissing the case, in part for applying an improper legal standard to Regeneron’s claims.
The lawsuit is linked to Regeneron’s drug Eylea and rival drug Lucentis from Novartis.
Regeneron said in a statement that it was “encouraged by the 2nd Circuit’s decision” and looked forward to “further advancing our position in future proceedings.”
Novartis said in a statement that it was “disappointed by the court’s ruling and we continue to believe that Regeneron’s claims are without merit.”
Regeneron, based in Tarrytown, New York, sued Basel, Switzerland-based Novartis in 2020. It alleged that Novartis conspired with co-defendant Vetter Pharma to delay Regeneron’s release of a version of its eye medication.
Novartis previously sued Regeneron for alleged patent infringement on the same eye treatments, which combat the overproduction of a protein that can cause eye disorders.
Regeneron said Monday that Novartis is “illegally asserting an invalid and unenforceable patent” in that case, which is ongoing.
According to court documents, Regeneron and Vetter entered into a collaboration agreement in 2005 to produce a pre-filled syringe version of Eylea, originally packaged in vials.
Regeneron’s lawsuit alleged that Vetter entered into a similar agreement with Novartis in 2009 to develop a pre-filled syringe version of Lucentis and that the companies planned to limit competition.
A federal judge in New York ruled in 2022 that Regeneron had failed to demonstrate the existence of a relevant product market for its antitrust claims. The appeals court disagreed Monday and said Regeneron’s case could proceed.