US appeals court revives Regeneron’s antitrust lawsuit against Novartis

NEW YORK (Reuters) -A U.S. appeals court docket on Monday revived an antitrust lawsuit by Regeneron (NASDAQ:) Prescribed drugs in opposition to Novartis (SIX:) associated to prescription therapies to handle a situation that may result in eye issues together with everlasting blindness.

The 2nd U.S. Circuit Court docket of Appeals in Manhattan stated a decrease court docket decide erred in dismissing the case, partly for having utilized an improper authorized customary to Regeneron’s claims.

Regeneron in a press release stated it was “inspired by the 2nd Circuit’s determination” and regarded ahead to “additional advancing our place in future proceedings.”

Novartis didn’t instantly reply to a request for remark.

Tarrytown, New York-based Regeneron sued Basel, Switzerland-based Novartis in 2020. It claimed Novartis schemed with co-defendant Vetter Pharma to delay Regeneron’s launch of a model of its eye medicine.

Novartis earlier sued Regeneron for alleged patent infringement over the identical eye therapies, which fight the overproduction of a protein that may trigger eye issues.

Regeneron on Monday stated Novartis is “unlawfully asserting an invalid and unenforceable patent” in that case, which is ongoing.

Regeneron makes the drug Eylea, and Novartis produces rival Lucentis. In response to court docket data, Regeneron and Vetter entered a collaboration deal in 2005 to provide a prefilled syringe model of Eylea, which was initially packaged in vials.

Regeneron’s lawsuit alleged Vetter entered an identical association with Novartis in 2009 to develop a prefilled syringe model of Lucentis, and that the businesses schemed to limit competitors.

A federal decide in New York dominated in 2022 that Regeneron had not established the existence of a related product marketplace for its antitrust claims. The appeals court docket on Monday disagreed and stated Regeneron’s case may proceed.