Regeneron settles patent lawsuit over protein for testing 19 treatments
Updates companies' response in paragraph 3
By Blake Brittain
Dec 16 -Regeneron Pharmaceuticals REGN.O has settled allegations that it misused a patented protein to test its COVID-19 treatment REGEN-COV, according to filings in New York federal court.
U.S. District Judge Philip Halpern dismissed the lawsuit from Allele Biotechnology and Pharmaceuticals on Monday after the companies disclosed their agreement in a Friday court filing.
The companies saidin a joint statement that they hadresolved the case in a "mutually satisfactory manner," but did not provide details of the settlement.
San Diego-based Allele sued Regeneron in 2020, accusing it of using Allele's fluorescent protein mNeonGreen without a license to test its coronavirus antibody cocktail REGEN-COV. Tarrytown, N.Y.-based Regeneron earned nearly $6.2 billion from sales of the drug in 2021, according to a company report.
Allele settled a lawsuit against Pfizer and BioNTech in 2022 over their use of the same protein in developing their COVID-19 vaccine Comirnaty.
Halpern denied Regeneron's request to dismiss Allele's case against it in 2022. The judge also rejected Regeneron'sargument in October that it was immune from the claims based on a federal law that allows the use of patented inventions to test drugs during the U.S. Food and Drug Administration application process.
The companies stipulated last year that Regeneron was liable for patent infringement if the "safe harbor" defense failed, leaving the amount of damages Regeneron owed to be determined at a future trial.
The case is Allele Biotechnology and Pharmaceuticals Inc v. Regeneron Pharmaceuticals Inc, U.S. District Court for the Southern District of New York, No. 7:20-cv-08255.
For Allele: David Anstaett, Martin Gilmore, Christopher Hanewicz, Andrew Dufresne, Elise Edlin and Maria Stubbings of Perkins Coie
For Regeneron: Michael Morin, David Frazier, Arlene Chow and Michelle Ernst of Latham & Watkins
Read more:
Regeneron, Pfizer sued for patent infringement over COVID antibody cocktail, vaccine
Regeneron must face patent lawsuit over COVID-19 treatment
Regeneron loses key defense in COVID-19 treatment patent lawsuit
Reporting by Blake Brittain in Washington
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