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Federal Judge Dismisses Antitrust Suit Against Bristol Myers Over Pomalyst Patents

By  |  April 9, 2025
Bristol-Myers Squibb

Bristol Myers Squibb has secured the dismissal of a proposed class action lawsuit that accused the pharmaceutical giant of improperly protecting its monopoly on the blockbuster cancer drug Pomalyst through fraudulent patents and baseless litigation.

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    According to Reuters, US District Judge Edgardo Ramos issued a 70-page ruling siding with the drugmaker, finding that the plaintiffs—led by Blue Cross Blue Shield of Louisiana—did not provide sufficient evidence that Bristol Myers or its predecessor, Celgene Corp, had violated federal antitrust law.

    The plaintiffs had argued that the companies unlawfully delayed the entry of cheaper, generic versions of Pomalyst into the market, which allegedly led to inflated costs for buyers since at least October 2020. However, Judge Ramos ruled that the plaintiffs failed to prove fraud in the acquisition of six patents tied to the medication or that a series of lawsuits filed by Celgene from 2017 to 2020 against generic drugmakers were “objectively baseless,” per Reuters.

    Read more: Bristol Myers Squibb Settles Israel Antitrust Case for $2.7 Million

    Those lawsuits, which targeted companies such as Teva and Mylan, were central to the plaintiffs’ claim that the legal actions were part of a broader scheme to maintain market exclusivity for Pomalyst. But Ramos determined there was insufficient evidence to support the claim that the litigation was fraudulent or intended solely to stifle competition.

    Pomalyst, a treatment for multiple myeloma, generated $3.55 billion in sales in 2024, accounting for approximately 7.3% of Bristol Myers’ total revenue of $48.3 billion. The drug was initially developed by Celgene, which was acquired by Bristol Myers in 2019. The company is headquartered in Princeton, New Jersey.

    Source: Reuters