Insulin Manufacturers Say Pricing Scheme Claims Preempted as to GLP-1 Drugs

TRENTON, N.J. — Eli Lily & Co., Novo Nordisk Inc. and Sanofi-Aventis US LLC have moved for partial judgment on the pleadings in an action in which the State of Mississippi accuses them of artificially inflating the list price of insulin, arguing that the claims relating to GLP-1 products are preempted by federal patent law.

In a motion filed before Judge Brian Martinotti of the U.S. District Court for the District of New Jersey, the companies argue that the prices they charge for GLP-1s such as Ozempic are governed by patent law, which gives the manufacturers legal exclusivity for a …