Dec 16 - Regeneron Pharmaceuticals ( REGN ) has settled

allegations that it misused a patented protein to test its

COVID-19 treatment REGEN-COV, according to filings in New York

federal court.

U.S. District Judge Philip Halpern dismissed the lawsuit

from Allele Biotechnology and Pharmaceuticals on Monday after

the companies disclosed their agreement in a Friday court

filing.

Allele said in a statement that the companies had resolved

the case in a "mutually satisfactory manner." Spokespeople and

attorneys for Regeneron did not immediately respond to a request

for comment and more information about the settlement.

San Diego-based Allele sued Regeneron in 2020, accusing it

of using Allele's fluorescent protein mNeonGreen without a

license to test its coronavirus antibody cocktail REGEN-COV.

Tarrytown, N.Y.-based Regeneron earned nearly $6.2 billion from

sales of the drug in 2021, according to a company report.

Allele settled a lawsuit against Pfizer ( PFE ) and BioNTech in 2022

over their use of the same protein in developing their COVID-19

vaccine Comirnaty.

Halpern denied Regeneron's request to dismiss Allele's case

against it in 2022. The judge also rejected

Regeneron's argument in October that it was immune from the

claims based on a federal law that allows the use of patented

inventions to test drugs during the U.S. Food and Drug

Administration application process.

The companies stipulated last year that Regeneron was liable

for patent infringement if the "safe harbor" defense failed,

leaving the amount of damages Regeneron owed to be determined at

a future trial.

The case is Allele Biotechnology and Pharmaceuticals Inc v.

Regeneron Pharmaceuticals Inc ( REGN ), U.S. District Court for the

Southern District of New York, No. 7:20-cv-08255.

For Allele: David Anstaett, Martin Gilmore, Christopher

Hanewicz, Andrew Dufresne, Elise Edlin and Maria Stubbings of

Perkins Coie

For Regeneron: Michael Morin, David Frazier, Arlene Chow and

Michelle Ernst of Latham & Watkins

Read more:

Regeneron, Pfizer ( PFE ) sued for patent infringement over COVID

antibody cocktail, vaccine

Regeneron must face patent lawsuit over COVID-19 treatment

Regeneron loses key defense in COVID-19 treatment patent

lawsuit

(Reporting by Blake Brittain in Washington)