Regeneron Must Face Suit Over Covid Antibody Cocktail Technology

Regeneron Pharmaceuticals Inc. can’t shake allegations that it infringed a California biotechnology company’s patent with its Covid-19 “antibody cocktail,” a federal judge ruled.

Allele Biotechnology and Pharmaceuticals Inc. sued Regeneron for using its patented technology in developing its Covid-19 treatment without the company’s authorization. Regeneron moved last August to get the U.S. District Court for the Southern District of New York to drop the suit, claiming it was shielded from liability under a legal “safe harbor” for using a patented invention in relation to the development of drug information for the Food and Drug Administration.

On Wednesday, however, Judge Philip M. Halpern rejected Regeneron’s request following in-person oral arguments by attorneys for both parties.

The decision to move forward with the case comes amid heightened courtroom conflict around Covid-19 treatment and vaccine intellectual property.

Allele had also sued Pfizer Inc. and BioNTech SE for allegedly using their fluorescent protein without approval while developing a Covid-19 vaccine. In January, the parties came to an agreement and jointly moved to end the case.

Moderna Inc. has also found itself in the crosshairs over its Covid-19 vaccine. Arbutus Biopharma Corp. and Genevant Sciences GmbH on Monday sued Moderna, alleging the company’s vaccine uses patented technology without permission.

Regeneron’s “antibody cocktail” gained worldwide press during the first year of the pandemic when it was given to former President Donald Trump to treat his Covid-19 symptoms.

The case is Allele Biotechnology and Pharmaceuticals, Inc. v. Regeneron Pharmaceuticals, Inc., S.D.N.Y., No. 7:20-cv-08255, Motion to Dismiss denied 3/2/22.