NEW YORK (Reuters) – A U.S. appeals court on Monday revived Regeneron (NASDAQ:) Pharmaceuticals’ antitrust case against Novartis (SIX:) involve prescription drugs to treat conditions that can cause vision problems, including permanent blindness.
The 2nd U.S. Circuit Court of Appeals in Manhattan said the lower court judge erred in dismissing the case, in part because he applied the wrong legal standard to Regeneron’s claims.
The lawsuit involves Regeneron’s Eylea and Novartis’ competitor Lucentis.
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 decision and we continue to believe Regeneron’s claims are without merit.”
Tarrytown, N.Y.-based Regeneron sued Novartis in Basel, Switzerland, in 2020. It alleged that Novartis, along with defendant Vetter Pharma, conspired to delay Regeneron’s release of a version of its eye drug.
Novartis previously sued Regeneron for alleged patent infringement on the same eye treatments that combat overproduction of a protein that can cause eye disease.
Regeneron on Monday said Novartis is “unlawfully asserting an invalid and unenforceable patent” in the case, which is ongoing.
According to court records, Regeneron and Vetter entered into a collaboration agreement in 2005 to produce a prefilled syringe version of Eylea, which was originally packaged in vials.
Regeneron’s lawsuit alleged that Vetter entered into a similar agreement with Novartis in 2009 to develop a prefilled version of Lucentis for syringes, and that the companies planned to limit competition.
In 2022, a federal judge in New York ruled that Regeneron had not proven the existence of a relevant product market for its antitrust claims. The appeals court disagreed Monday and said Regeneron’s case could proceed.