Patexia Insight 213: The Revlimid Dispute From Antitrust Battles to Patent Litigation

Revlimid (lenalidomide), developed by Celgene Corporation, has been a groundbreaking treatment for multiple myeloma, myelodysplastic syndromes, and mantle cell lymphoma since its FDA approval in 2005. The drug has also been at the center of complex legal battles involving patent litigation and antitrust cases.

From 2009 to 2018, Celgene reported over $51 billion in global revenue from Revlimid, with $32 billion from the U.S. market alone. U.S. revenue surged from $1 billion in 2009 to nearly $6.5 billion in 2018. As of December 2021, Revlimid's annual sales were $2.3 billion according to IQVIA.

As reported by NPR, "Celgene has kept generic competition at bay by constructing an almost impenetrable fortress of patents and grants of market exclusivity around Revlimid, and its sister drug Thalomid, while also taking steps to ensure that generic competitors can't get their hands on enough of the drugs to develop viable alternatives."

Antitrust and Patent Litigation

Celgene has aggressively protected its patents against generic drug manufacturers. In 2019, it successfully defended multiple petitions for Inter Partes Review (IPR) filed by Alvogen Pine Brook LLC, which challenged the methods of using Revlimid. The Patent Trial and Appeal Board (PTAB) denied these petitions, upholding Celgene's patents.

Revlimid has also been involved in several antitrust lawsuits. In the case of Walgreen Co. and Kroger Specialty Pharmacy, Inc. v. Celgene Corporation, plaintiffs alleged that Celgene and its partners engaged in anti-competitive practices to delay generic versions of Revlimid. In another notable case, Dr. Reddy's Laboratories Ltd. v. Celgene Corporation, Dr. Reddy's accused Celgene of preventing it from obtaining Revlimid samples, claiming this violated the REMS anti-gaming provision.

Generic Launch and Market Impact

On March 7, 2022, Teva Pharmaceuticals launched the first generic version of Revlimid after reaching a limited launch agreement with Bristol-Myers Squibb, which acquired Celgene in 2019. This deal allows Teva to produce a small percentage of Revlimid's volume, increasing over time. Initially priced about 13.5% lower than the brand version, Teva's generic offers significant cost savings for patients.

Dr. Reddy's Laboratories received FDA approval for its generic lenalidomide capsules on October 14, 2021, and launched shortly after Teva. The entry of other generics like those from Natco Pharma and Sun Pharma further enhances patient access to the treatment.

The battle over Revlimid's patents and antitrust issues emphasizes the need for systemic reforms in drug pricing and patient access. Congressional scrutiny has highlighted the disconnect between drug prices and development costs, urging reforms to prevent exorbitant prices and improve access to life-saving medications.

The ANDA Litigation Landscape

Antitrust and patent litigation are deeply intertwined in the pharmaceutical industry, where the high stakes of protecting innovations and maintaining market exclusivity frequently lead to legal battles. Pharmaceutical companies often use patents to block generic competition, raising antitrust concerns, especially with "reverse payments" where brand-name companies pay generics to delay market entry. The Hatch-Waxman Act and similar regulations encourage both patent challenges and antitrust disputes, creating a complex legal environment. Consequently, the pharmaceutical sector faces numerous legal conflicts that highlight the delicate balance between safeguarding patent rights and promoting competitive practices.

 

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