US: Cytophil files antitrust suit against Merz

Wisconsin manufacturer Cytophil, Inc. today filed suit against Merz North America, Inc. and German parent company Merz Pharma GmbH & Co. KGaA, alleging false patent marking, monopolization of markets for implantable medical devices, and commercial disparagement.

Cytophil asserts that the Merz companies are artificially raising market barriers and prices by their conduct in United Statesmarkets for injectable vocal fold medialization systems.  The case involves U.S. Food & Drug Administration (FDA) approved products for augmentation of injured or deformed vocal chords, also useful in aesthetic applications.

Cytophil, with its Renú® Gel and Renú® Voice products, is a relatively new entrant and direct competitor to Merz in the relevant markets.  Merz’s products at issue are under Merz’s Prolaryn™ and Radiesse® product lines which Cytophil says account for more than a 98% market share.  Both Cytophil and Merz manufacture in Wisconsin, although Merz’s headquarters are in Germany and North Carolina.

Merz’s conduct alleged to violate federal antitrust law, patent law and common law is occurring in the face of stiff price competition from Cytophil’s Renú® products, which sell for a fraction of Merz’s prices, according to Charles Milo, Cytophil’s Chief Business Officer.

Full content: PRNewswire

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