Alexion gets EmblemHealth's US antitrust case over Soliris dismissed in part
( December 19, 2025, 20:18 GMT | Official Statement) -- MLex Summary: A Massachusetts federal judge has granted in part Alexion Pharmaceuticals' motion to dismiss a US antitrust complaint brought by EmblemHealth, which alleged Alexion unlawfully delayed biosimilar competition for its drug Soliris. Though EmblemHealth establishes antitrust standing for its claims by alleging biosimilar manufacturers Samsung Bioepis and Amgen endured a year of delay for their entry into the market because of Alexion's conduct, it does not itself have standing to allege Walker Process theories, US District Judge Brian Murphy said. Governing case law has found that claims of injury asserted by indirect purchasers like EmblemHealth are too far removed from any alleged fraud on the US Patent and Trademark Office by a defendant like Alexion, he ruled. Independent of its Walker Process claims, EmblemHealth allegations that Alexion knowingly obtained two patents through material misrepresentations and omissions, and engaged in sham litigation through a patent infringement suit against Samsung survive the motion to dismiss, the order said.See attached document....
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