BCBS of Louisiana Sues Celgene, BMS for Patent Fraud of Blockbuster Drug Pomalyst

September 21, 2023

Celgene and Bristol Myers Squibb (BMS) have used a pattern of unlawful patents to extend a monopoly in the market for Pomalyst (pomalidomide), a blockbuster drug used in the treatment of multiple myeloma, according to a lawsuit filed by Blue Cross and Blue Shield of Louisiana (BCBS).

The class-action lawsuit filed in the U.S. District Court Southern District of New York alleges that BMS and Celgene extended the Pomalyst monopoly “(i) through a pattern of fraud on the U.S. patent office, (ii) by abuse of the federal judicial system, and (iii) by eventually sharing some of its illicitly acquired, supra-competitive profits with would-be generic competitors to have those generics further delay bona fide generic competition.”

Several generics manufacturers are also named in the lawsuit as defendants for allegedly receiving “reverse payments, and market allocations” from Celgene and BMS.

Read the full complaint here.

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