Amgen, Teva Sued Over Allegedly Anticompetitive Practices Relating to Sensipar Pricing

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Amgen Inc., Teva Pharmaceuticals USA, Inc. and three Teva subsidiaries have been named in a proposed class action lawsuit in which they’re accused of entering into an unlawful, anticompetitive agreement that led consumers to pay inflated prices for Sensipar, a hyperparathyroidism treatment drug.

The timeline in the lawsuit begins when several generics manufacturers, including Teva, reportedly challenged Amgen’s patent for Sensipar, its brand-name cinacalcet hydrochloride drug used to treat chronic kidney disease and thyroid cancer. The case says Amgen responded by filing suit against each generics maker over alleged patent infringement; many of the suits were settled, but some companies, including Teva, continued fighting Amgen’s claims.

In July 2018, the court reportedly found that Teva’s and others’ generic versions of Sensipar did not infringe on Amgen’s patent, and Teva, the suit says, subsequently began selling its generic version of the drug. After appealing the decision, Amgen, the case continues, entered into a confidential agreement with Teva through which Teva agreed to stop selling its generic version of Sensipar for nearly two-and-a-half years and pay Amgen “an undisclosed sum.” In exchange, Amgen, the suit says, agreed to pay Teva for licenses to other Teva products.

According to the lawsuit, this agreement between Amgen and Teva violated federal antitrust law and resulted in consumers paying a higher price for Sensipar due to the unavailability of a generic equivalent.