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J&J seeks preliminary injunction over Samsung's sublicense
deal
with private label provider
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J&J says said sublicense deal would hurt its market share
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Samsung Bioepis launched its biosimilar in U.S. on Monday
(Adds details from lawsuit in paragraphs 5 and 12, attempt for
Samsung comment, paragraph 6, background throughout)
By Sneha S K and Patrick Wingrove
Feb 24 (Reuters) - Johnson & Johnson ( JNJ ) sued
Samsung Bioepis for allegedly breaching a contract agreement
over its launch of a biosimilar to Stelara, J&J's blockbuster
psoriasis treatment.
The lawsuit, filed late on Monday in a New Jersey federal
court, involves an unauthorized sublicense deal with a private
label provider that J&J declined to identify. The suit seeks a
preliminary injunction to bar U.S. sales of the private-label
version of Samsung Bioepis' Stelara biosimilar, called Pyzchiva.
Samsung and J&J signed a settlement agreement in July 2023
allowing for the launch of Pyzchiva this month.
Samsung Bioepis and partner Sandoz announced earlier
on Monday that Pyzchiva had been launched in the U.S.
J&J in the lawsuit claimed that the agreement did not permit
Samsung to introduce an additional private label drug at the
expense of J&J market share and fair competition. It also
requested a permanent injunction and financial damages as part
of its lawsuit.
Samsung Bioepis did not immediately respond to a request for
comment on the lawsuit.
Stelara, introduced in 2009, has been J&J's top-selling drug
since 2019, with sales reaching more than $10 billion in 2024.
Its patents began to expire in 2023, opening the door to
cheaper biosimilars entering the market. Legal agreements aimed
at escaping lengthy patent litigation delayed market entry of
Stelara biosimilars in the U.S.
J&J Chief Financial Officer Joe Wolk has said the Stelara
biosimilar market was likely to unfurl similarly to that of
AbbVie's ( ABBV ) blockbuster arthritis drug Humira - once the
world's best-selling prescription drug - given contracting
practices and doctor and patient resistance to switching
medicines.
AbbVie ( ABBV ) held onto almost all of the Humira market for more
than a year after close copies of the drug were launched in
early 2023. That changed when CVS Health removed Humira from its
list of covered drugs and more patients switched to a biosimilar
in three weeks than had in the prior 15 months.
CVS, which owns a pharmacy benefit manager that negotiates
rebates and fees with manufacturers and creates lists of
medications, known as formularies, that are covered by
insurance, replaced Humira with a biosimilar that was jointly
marketed with its Cordavis unit, a private label provider.
J&J in its lawsuit said Humira's market erosion was
illustrative of the harm Samsung Bioepis' private label deal
could have.
Stelara biosimilars launched in Europe, Canada and a few
other markets last year, and at least seven close copies of
Stelara are expected to begin selling in the U.S. this year.
Pyzchiva is approved to treat moderate to severe plaque
psoriasis, active psoriatic arthritis, moderately to severely
active Crohn's disease and moderately to severely active
ulcerative colitis.
Teva Pharmaceuticals and Alvotech ( ALVO ) last
Friday launched Selarsdi, a biosimilar to Stelara. The U.S. Food
and Drug Administration has allowed the use of Selarsdi as an
"interchangeable" Stelara substitute only after April 30, when
the exclusive rights for Amgen's ( AMGN ) version Wezlana
expire.