Case 7:24-cv-08751
Filed 11/18/24
"Defendants are wholly responsible for this dispute. Regeneron has pursued and exhausted all reasonable avenues to resolve it outside of court. Those avenues include both the dispute resolution procedures outlined in the Collaboration
Agreement, and Regeneron offering creative solutions to mitigate Defendants' purported
concerns going forward. Indeed, after Defendants protested that providing Regeneron
with access to the PBM Agreements would disclose information about other Sanofi products, Regeneron proposed a solution for future PBM Agreements: Defendants
should separate the PBM Agreements for Dupixent from the PBM Agreements for Defendants' other drugs. Defendants refused, evincing their unwillingness to resolve this dispute outside of court. Defendants' conduct has left Regeneron with no choice but to again demand that Defendants provide Regeneron and its auditors with "full access" to the multi-drug PBM Agreements. But Defendants have repeatedly refused to do so.
Defendants' pattern of evasion can only raise the question, "What are Defendants trying to hide?" — and has forced Regeneron to bring this lawsuit.
8. This dispute is a straightforward one: Defendants have breached the
Collaboration Agreement by refusing to provide Regeneron with full access to material information relating to the commercialization of Dupixent, and by failing to cooperate with Regeneron's contractually-authorized audit. Regeneron brings this action seeking, among other things, an order directing Defendants to provide complete, unredacted versions of
the PBM Agreements to Regeneron and its auditors."