Global law firm White & Case LLP has achieved a substantial legal victory for Regeneron Pharmaceuticals, Inc. in the United States District Court for the District of Delaware. A jury awarded Regeneron over $405 million in damages after finding Amgen Inc. guilty of violating federal and state antitrust laws and interfering with Regeneron’s business relations.
Regeneron initiated the lawsuit against Amgen in 2022, claiming that Amgen used its drug portfolio agreements with pharmacy benefit managers to hinder Regeneron’s cholesterol-lowering drug, Praluent, from competing for formulary placement. During the trial, which lasted seven days, Regeneron argued that Amgen “bundled” its rival cholesterol-lowering drug Repatha with additional rebates on its other major drugs Enbrel and Otezla.
The jury sided with Regeneron on federal antitrust claims, various state law antitrust claims, and a claim of tortious interference. They awarded $135.6 million in compensatory damages and $271.2 million in punitive damages due to what was described as Amgen’s intentional misconduct. Additionally, Regeneron will recover attorneys’ fees.
The White & Case litigation team representing Regeneron was led by Jonathan Polkes, Co-Head of the firm’s Global Litigation Practice, along with partner Adam Banks. The team also included associates Wyatt Smith, Logan Quinn, Saambavi Mano, Michelle Gemmell, and Michael Campbell based in New York.
