Regeneron settles patent lawsuit over protein for testing COVID-19 treatments

Post time:12-17 2024 Source:Reuters Author:Blake Brittain
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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 said in a joint statement that they had resolved 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's 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.

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