Global law firm White & Case LLP has secured a significant jury verdict in the United State District Court for the District of Delaware on behalf of Regeneron Pharmaceuticals, Inc., in which a seven-member jury awarded Regeneron over US$405 million in damages for Amgen Inc.'s violations of federal and state antitrust laws and tortious interference with Regeneron's prospective business relations.
Regeneron filed suit against Amgen in 2022 asserting that Amgen improperly leveraged its portfolio of drugs in agreements with pharmacy benefit managers in an effort to prevent Regeneron from competing for formulary placement of its cholesterol-lowering drug, Praluent. During the seven-day trial, Regeneron argued that Amgen anticompetitively "bundled" its competitor cholesterol-lowering drug (Repatha) with additional rebates on its blockbuster drugs (Enbrel and Otezla).
The jury returned a verdict in Regeneron's favor on its federal antitrust claims, various state law antitrust claims and its claim for tortious interference. The jury awarded US$135.6 million of compensatory damages and US$271.2 million of punitive damages for Amgen's intentional and reprehensible conduct. Regeneron will also recover attorneys' fees.
The White & Case Litigation team representing Regeneron was led by Co-Head of the Firm's Global Litigation Practice Jonathan Polkes and partner Adam Banks, and included associates Wyatt Smith, Logan Quinn, Saambavi Mano, Michelle Gemmell and Michael Campbell (all in New York).
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