Sanofi has long argued that generics giant Mylan used anticompetitive practices to market its popular epinephrine autoinjector EpiPen, specifically scuppering the launch of its more “consumer-friendly” alternative Auvi-Q. Now, it’s appealing to the Tenth Circuit to make its case heard.
Sanofi is requesting a new trial to argue that Mylan blocked competition to its EpiPen competitor Auvi-Q, leveraging price hikes and steep rebates to maintain a US epinephrine “monopoly.” The move comes after a Kansas District Court in December ruled in Mylan’s favor.
“The appeal brief Sanofi filed today shows that Sanofi’s claims were incorrectly dismissed and the case should proceed to trial,” a Sanofi spokesperson wrote in an email. “Sanofi believes that, if a jury is permitted to fairly evaluate the evidence, the jury will find that Mylan committed antitrust violations.”
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