CIGNA headquarters
Health care insurer Cigna accused drugmaker Bristol Myers Squibb of attempting to retain a monopoly on its Pomalyst blood cancer drug by keeping generic versions of the drug off the market. The allegations were outlined in a complaint filed in Manhattan federal court June 24.
Cigna claims Bristol Myers’ Celgene unit filed sham lawsuits it knew it was unlikely to win in an effort to protect its patents for the drug, which is used to treat multiple myeloma, a blood cancer that affects plasma cells in bone marrow. The complaint further alleges the company paid off several generic drugmakers to halt legal challenges.
The chemical name of the drug is pomalidomide and is also sold under the name Imnovid. Pomalyst was originally approved in 2013 and is not expected to face generic competition until next year. Last year, the product generated revenue of $3.5 billion worldwide, including sales of $2.7 billion in the United States.
Cigna also claimed Celgene defrauded the U.S. Patent and Trademark Office by claiming to have achieved unexpected positive results during testing of the drug and failing to disclose that a Boston doctor had previously obtained a patent for pomalidomide to treat multiple myeloma.
The complaint says Bristol Myers willfully maintained monopoly power over brand name and generic Pomalyst, causing Cigna to overpay by hundreds of millions if not billions of dollars. The insurer is seeking a jury trial and unspecified triple damages.
Bristol Myers has not responded publicly to the lawsuit. Much of the misconduct alleged by Cigna dates to before BMS acquired Celgene in a $74 billion deal in 2019.
The lawsuit comes on the heels of a proposed class action led by Blue Cross Blue Shield of Louisiana that outlined similar claims. A Manhattan federal judge dismissed the matter earlier this year, saying plaintiffs failed to prove Celgene committed fraud related to Pomalyst patents and settlements.
Pomalyst was approved by the FDA in 2013 for patients with multiple myeloma who have not responded to at least two prior therapies. The drug also received Breakthrough Therapy designation from the FDA in 2019 for the treatment of Kaposi sarcoma, a cancer that forms in the lining of blood and lymph vessels. This designation is given to drugs that show substantial improvement over existing therapies.
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