By Mike Scarcella
Sept 15 (Reuters) - Teva Pharmaceuticals can pursue most of its lawsuit accusing rival drugmaker Corcept Therapeutics of monopolizing the market for the mifepristone-based drug Korlym to treat the hormonal disorder Cushing's syndrome, a U.S. judge has ruled.
In a ruling on Friday, U.S. District Judge Noël Wise in San Francisco said Teva had presented enough information for now to press ahead with claims that Corcept and specialty pharmacy Optime Care, the sole distributor of Korlym, violated antitrust law.
Teva's lawsuit, filed last year, alleged that Corcept stifled competition “at every turn” through exclusive agreements that suppressed Teva's generic version of Korlym. Teva also accused Corcept of "paying bribes and kickbacks" to physicians to keep them prescribing Korlym.
Corcept, Teva and a lawyer for Optime did not immediately respond to requests for comment.
Corcept and Optime have denied any wrongdoing.
Mifepristone is best known for its use to terminate unwanted pregnancies, which was a subject of a U.S. Supreme Court ruling last year that rejected a challenge to the drug's use for abortions.
In Korlym, the drug is used to treat Cushing’s syndrome, a rare disorder caused by too much of the hormone cortisol in the body. The syndrome affects about 20,000 people in the United States and can be fatal, Teva's lawsuit said.
Corcept and Optime have a long-term exclusive-dealing arrangement that bars Optime from distributing any medication that competes with Korlym, the lawsuit said. Teva said it launched a less expensive generic version of Korlym, but “during that time Teva has captured close to zero market share.”
Corcept, in its bid to dismiss the case, said Teva was “unhappy with its product’s weak performance” and pursuing a “sour grapes lawsuit.”
Optime said in a court filing that “Teva’s claims against Optime are not merely implausible, they are entirely fanciful.”
The judge dismissed some state law claims and a claim of unjust enrichment from Teva’s lawsuit. The ruling said Teva can file an amended complaint.
The case is Teva Pharmaceuticals USA Inc. v. Corcept Therapeutics Inc. et al, U.S. District Court, Northern District of California, No. 5:24-cv-03567-NW.
For Teva: Devora Allon, Kevin Neylan Jr and Michael Shipley of Kirkland & Ellis
For Corcept: Robert Stone, Adam Wolfson and Steig Olson of Quinn Emanuel Urquhart & Sullivan
For Optime: Justin Fields and Lucas Wohlford of Duane Morris
(Reporting by Mike Scarcella)