Bristol Myers wins dismissal of lawsuit alleging Pomalyst monopoly
In a 70-page decision made public on Tuesday, U.S. District Judge Edgardo Ramos in Manhattan said the health insurer Blue Cross Blue Shield of Louisiana and other Pomalyst purchasers failed to show that Bristol Myers and the former Celgene Corp violated the federal Sherman antitrust law.
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Ramos said the plaintiff purchasers failed to establish fraud in the procurement of six patents related to Pomalyst.
He also said they failed to show how nine lawsuits that Celgene filed between 2017 and 2020 against generic drug producers such as Teva (TEVA.TA), opens new tab and Mylan (VTRS.O), opens new tab were "objectively baseless" and led to fraudulent settlements.
Lawyers for the plaintiffs did not immediately respond to requests for comment.
The plaintiffs claimed they were overcharged for Pomalyst since at least October 2020, when generic versions of the multiple myeloma treatment allegedly could have been launched but for the defendants' alleged illegal scheme.
Pomalyst sales totaled $3.55 billion in 2024, or about 7.3% of Bristol Myers' $48.3 billion of overall revenue.
The drug was developed by Celgene, which Bristol Myers bought in 2019. Bristol Myers is based in Princeton, New Jersey.
The case is Louisiana Health Service & Indemnity Co et al v Celgene Corp et al, U.S. District Court, Southern District of New York, No. 23-07871.
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