Sept 15 (Reuters) - Teva Pharmaceuticals can pursue most
of its lawsuit accusing rival drugmaker Corcept Therapeutics ( CORT ) of
monopolizing the market for the mifepristone-based drug Korlym
to treat the hormonal disorder Cushing's syndrome, a U.S. judge
has ruled.
In a ruling on Friday, U.S. District Judge Noël Wise in San
Francisco said Teva had presented enough information for now to
press ahead with claims that Corcept and specialty pharmacy
Optime Care, the sole distributor of Korlym, violated antitrust
law.
Teva's lawsuit, filed last year, alleged that Corcept
stifled competition "at every turn" through exclusive agreements
that suppressed Teva's generic version of Korlym. Teva also
accused Corcept of "paying bribes and kickbacks" to physicians
to keep them prescribing Korlym.
Corcept, Teva and a lawyer for Optime did not immediately
respond to requests for comment.
Corcept and Optime have denied any wrongdoing.
Mifepristone is best known for its use to terminate unwanted
pregnancies, which was a subject of a U.S. Supreme Court ruling
last year that rejected a challenge to the drug's use for
abortions.
In Korlym, the drug is used to treat Cushing's syndrome, a
rare disorder caused by too much of the hormone cortisol in the
body. The syndrome affects about 20,000 people in the United
States and can be fatal, Teva's lawsuit said.
Corcept and Optime have a long-term exclusive-dealing
arrangement that bars Optime from distributing any medication
that competes with Korlym, the lawsuit said. Teva said it
launched a less expensive generic version of Korlym, but "during
that time Teva has captured close to zero market share."
Corcept, in its bid to dismiss the case, said Teva was
"unhappy with its product's weak performance" and pursuing a
"sour grapes lawsuit."
Optime said in a court filing that "Teva's claims against
Optime are not merely implausible, they are entirely fanciful."
The judge dismissed some state law claims and a claim of
unjust enrichment from Teva's lawsuit. The ruling said Teva can
file an amended complaint.
The case is Teva Pharmaceuticals USA Inc. v. Corcept
Therapeutics Inc. ( CORT ) et al, U.S. District Court, Northern District
of California, No. 5:24-cv-03567-NW.
For Teva: Devora Allon, Kevin Neylan Jr and Michael Shipley
of Kirkland & Ellis
For Corcept: Robert Stone, Adam Wolfson and Steig Olson of
Quinn Emanuel Urquhart & Sullivan
For Optime: Justin Fields and Lucas Wohlford of Duane Morris