On May 15, 2025, a Weil trial and antitrust team won a significant plaintiff antitrust jury verdict for client Regeneron Pharmaceuticals, Inc. in Delaware federal court that is sure to reverberate throughout the pharmaceutical industry. After two weeks of trial and one day of deliberation, a jury awarded Regeneron $406.8M on its claims that the defendant, Amgen Inc., unlawfully monopolized the U.S. market for PCKSK9 inhibitors, a class of medications that reduce hard-to-treat high cholesterol. Regeneron invented and commercializes a lifesaving PCKSK9 inhibitor called Praluent® (alirocumab).

The jury found for Regeneron on 9 of its 10 claims that defendant, Amgen Inc., violated antitrust and tort laws by creating a bundling scheme that unlawfully leveraged its blockbuster anti-inflammatory drugs Enbrel® (etanercept) and Otezla® (apremilast) to convince pharmacy benefit managers (PBMs) to select Repatha® (evolocumab) as the exclusive PCSK9 category product over Praluent®. The jury held that Amgen violated Sections 1 and 2 of the Sherman Act, Section 3 of the Clayton Act, California’s Cartwright Act, and New York’s Donnelly Act. The jury also found that Amgen tortiously interfered with Regeneron’s business relationships with pharmacy benefit managers.

The verdict included $135.6M in compensatory damages (which are automatically trebled) and $271.2M in punitive damages.

During trial, Weil led examinations of a number of fact and expert witnesses, prepared our client’s economic experts for their directs and helped guide cross-examinations of Amgen’s experts, prepared the direct examinations and cross-examinations of almost all the key fact witnesses, and assisted with jury instruction and evidentiary disputes.

The cross-disciplinary Weil trial and antitrust team was led by partner Jessica Falk, U.S. Antitrust Co-Head Michael Moiseyev, and Appeals and Strategic Counseling Co-Head Robert Niles-Weed and Antitrust associate Rachel Williams. The Weil team also included associates Naz Akyol, Shai Berman, Katheryn Maldonado, Katya Dajani, Caroline Elvig, Matt Tonglet, and Grace Okoroafor.

Weil was co-counsel to Regeneron along with White & Case LLP, Orrick, Herrington & Sutcliffe LLP, and Wilks Law, LLC.