Making History: Six Strategic Trials

12 Regeneron Pharmaceuticals Inc. v. Novartis Pharma AG, et al., Case No. 1:21-CV-01066 (N.D.N.Y.) Attempted monopolization, unreasonable restraint of trade, and tortious interference O’Melveny scored the ultimate victory for Novartis—the Northern District of New York dismissed Regeneron Pharmaceutical’s claims against Novartis in full. In doing so, the court ruled that Regeneron failed to plead a plausible relevant market and the tort claim was time-barred. Claims Outcome But when Regeneron sued Novartis for Walker Process fraud and conspiracy to block it from the pre-filled syringe market, the O’Melveny team immediately rose to the occasion. We transferred the case to the Northern District of New York to consolidate it with Novartis’s patent infringement suit. We counseled Novartis through discovery, overseeing the review and production of over half a million pages of Novartis’s documents. And we homed in on the complaint’s deficiencies, ultimately securing a full dismissal for failure to state a claim. The Winning Strategy When Novartis sued Regeneron for infringing its patent for a pre-filled syringe used to treat eye diseases, Novartis expected that Regeneron would zealously defend itself. It did not expect Regeneron to file a retaliatory antitrust suit. Central to the dismissal lies a question quintessential to antitrust law, both in and out of the pharmaceutical context: when is a relevant market plausible? The court’s dismissal reaffirmed that conclusory allegations fall short. In dismissing Regeneron’s antitrust claims for failure to plead a plausible product market, the Northern District of New York reaffirmed that companies cannot drag their competitors into court on the basis of whatever relevant markets they concoct; plaintiffs must plead facts demonstrating that the proposed relevant market captures all reasonably interchangeable products. O’Melveny’s victory— which Regeneron now challenges on appeal—reminds plaintiffs that this pleading requirement remains alive and well, particularly in the pharmaceutical industry. Why It Matters Had Novartis not secured a dismissal, the case would have proceeded through discovery, summary judgment briefing, and potentially trial. Regeneron alleged monopolization of a market worth billions in annual sales, and would likely have sought damages of that magnitude at trial. What Was at Stake

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