Lantus (Insulin Glargine) Antitrust
In 2017, Hagens Berman filed a federal antitrust class action on behalf of a class of direct purchaser plaintiffs against Sanofi alleging the company engaged in a multifaceted scheme to unlawfully extend its monopoly over its multi-billion dollar per-year injectable insulin glargine product, Lantus.
At the center of that scheme, the suit alleges, is Sanofi’s decision to improperly submit more than two dozen patents claiming mechanical aspects of an injection pen in the FDA’s Orange Book—a list in which only patents claiming a drug or a method of using a drug may be listed. The complaint alleges that this enabled Sanofi to sue would-be competitors over those ineligible pen patents, securing a 30-month delay in the FDA’s ability to approve competing products.
The direct purchasers allege Sanofi did this solely for the purpose of delaying the availability of affordable alternatives to Sanofi’s expensive Lantus product, forcing purchasers to pay hundreds of millions of dollars, if not billions, more for life-saving insulin.
The case is In re: Lantus Direct Purchaser Antitrust Litigation
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