Judge Trims Sanofi's Lawsuit Against Mylan Over Diabetes Drug

Mylan's product-hopping claim can proceed, court rules.

Jan. 28, 2026 at 12:39pm

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A federal judge in Pennsylvania has partially denied Sanofi's motion to dismiss a lawsuit brought by Mylan Pharmaceuticals accusing Sanofi of monopolizing the market for an injectable form of a diabetes drug. The judge ruled that Mylan's claim of 'product hopping' by Sanofi can move forward, finding that Mylan has plausibly shown Sanofi had market power to raise prices.

Why it matters

This case highlights ongoing legal battles in the pharmaceutical industry over allegations of anti-competitive practices to maintain monopolies on lucrative drugs. The outcome could impact patient access and pricing for this diabetes medication.

The details

Judge Mark R. Hornak of the U.S. District Court for the Western District of Pennsylvania denied Sanofi's motion to dismiss Mylan's lawsuit on all grounds except for a monopolization claim based on a 'product hop' theory. The judge concluded that Mylan had 'done enough at the pleading stage to plausibly show that Sanofi had market power'—the ability to raise prices above competitive levels.

  • The lawsuit was filed in 2026.

The players

Sanofi

A French multinational pharmaceutical company.

Mylan Pharmaceuticals Inc.

An American pharmaceutical company that filed the lawsuit against Sanofi.

Judge Mark R. Hornak

The U.S. District Court judge who partially denied Sanofi's motion to dismiss the lawsuit.

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What’s next

The case will now proceed to the next stage of litigation.

The takeaway

This ruling allows Mylan's claims of anti-competitive 'product hopping' by Sanofi to move forward, signaling the court's view that Mylan has presented a plausible case of Sanofi wielding market power to maintain its dominance over this diabetes drug.