Sanofi Narrows Mylan’s Diabetes Drug Monopolization Lawsuit

A federal judge trimmed a lawsuit that accuses Sanofi of cornering the market for an injectable form of a diabetes drug, denying the company’s motion to dismiss on all grounds except for a monopolization claim based on a “product hop” theory.

Judge Mark R. Hornak of the US District Court for the Western District of Pennsylvania in a Tuesday opinion said Mylan Pharmaceuticals Inc.'s product-hopping claim was sufficient to proceed in the case, concluding that the company had “done enough at the pleading stage to plausibly show that Sanofi had market power“—the ability to raise prices above competitive levels.

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