Swiss Competition Authority and European Commission Terminate Inquiry Into Novartis Patent Litigation
- 10/10/2024
- News
The Swiss Competition Authority (Competition Commission or Comco) indicated today that it terminated its inquiry into patent litigation conducted by Novartis to protect Cosentyx®, a human IgG1 monoclonal antibody indicated for the treatment of several autoimmune diseases, including specific dermatological conditions (see, attached press release in four language versions). Both Comco and the European Commission (the Commission) had sought to learn whether Novartis had illegitimately deployed “blocking” patents to prevent the use of other patents (and medicines embodying these patents). Novartis had started litigation against Eli Lilly (Lilly), the marketing authorisation holder of competing product Taltz®, but had later settled its dispute with that firm (see, Van Bael & Bellis Life Sciences News and Insights, 15 September 2022 and 8 November 2022).
Comco found that the steps taken by Novartis were standard practice in the patent field and did not constitute abusive behaviour on the part of a possibly dominant firm. The detailed findings of Comco will make interesting reading for patent owners in the pharmaceutical industry which have recently witnessed several competition procedures that probe the boundaries between the legitimate exercise of patent rights and the illegitimate restricting of competition (see, for example, the Commission‘s investigation of Teva’s allegedly abusive patent filings, Van Bael & Bellis Life Sciences News & Insights of 11 October 2022).
Comco pointedly mentioned its close cooperation with the Commission and also released the news, since confirmed on X, that the Commission had equally ended its investigation of Novartis.
