French Court Allows Velcade Damages Dispute to Proceed Against Generic Drugmakers

A French court has handed Millennium Pharmaceuticals, Janssen and Cilag a partial victory in their ongoing dispute with several generic drugmakers over the cancer treatment Velcade, allowing the case to move forward on the question of damages.

The dispute centres on patents linked to Velcade, a bortezomib-based treatment used for multiple myeloma and mantle cell lymphoma. Although the patents expired in 2022, Millennium and its partners allege that generic manufacturers, including Stragen, Dr Reddy’s and Zentiva, entered the French market before the expiry date.

In a procedural ruling issued by the Judicial Court of Paris, the court rejected arguments from the generic companies that the claims were inadmissible. The judges confirmed that Millennium, Janssen and Cilag were entitled to bring the proceedings, while also allowing the United States, as patent owner, to intervene in the case.

The ruling differs from a recent German judgment, where Millennium’s damages claim was dismissed on the basis that it was not the patent owner or an exclusive licensee under German law. The French court instead found that Millennium’s licence agreement gave it the right to pursue infringement claims in its own name.

The court also addressed limitation periods, ruling that alleged infringement should be measured from the launch of the generic products rather than earlier price reductions affecting Velcade. As a result, claims for damages dating back to early 2020 may proceed.

The case will now continue on the merits later this year, with the court expected to examine both infringement allegations and the scale of any damages tied to price erosion and market competition following generic entry.