Not just America’s Favorite Sport

Not just America’s Favorite Sport

Football is widely considered America’s favorite pastime, but Americans also have another favorite sport; lawsuits. Yes, we Americans just love to sue. As we have noted in the past nowhere is this more evident than when it comes intellectual property lawsuits. Medtronic (NYSE: MDT) effectively put Deltec the makers of the Cozmo insulin pump out of business when they sued Smith’s Medical, Deltec’s owners, over IP issues.

Truth be told we really don’t consider any company in this wacky world real until they are sued. An IP lawsuit is almost a rite of passage, an admission by the suing company that the company they are suing is for real.

This is why we got a nice chuckle today when we learned Sanofi (NYSE: SNY) was suing Merck (NYSE: MK) over IP issues related to Lantus. According to a story posted on the Wall Street Journal’s web site;

“Sanofi SA said it filed a lawsuit against Merck & Co. for alleged patent infringements to prevent the U.S. drugmaker from launching a rival version of the French pharmaceutical giant’s best-selling diabetes treatment Lantus.

In the filing in the U.S. District Court of Delaware, Sanofi said on Monday it claims that Merck Sharp & Dohme Corp., Merck & Co.’s international division, violated as many as 10 patents held by the French company, including ones for its insulin Lantus and its insulin delivery device soloSTAR.

The Paris-based drugs company said it started the legal proceedings against Merck after the U.S. firm’s filing for new drugs applications with the U.S. Food & Drug Administration.”

Now Sanofi has every right to sue, after all we wouldn’t want their lawyers not to feel needed. But we have to wonder what’s the point here, what do they hope to accomplish. Even a positive outcome won’t change anything. It won’t stop Basaglar from Lilly (NYSE: LLY), who they also sued and eventually settled with, from coming to market. It won’t change the negative dynamics of the long-acting insulin market which now has 5 offerings. It won’t stop Novo Nordisk (NYSE: NVO) from aggressively competing.

So we ask again, what’s the point.

There is no point here dumping on Sanofi anymore as nothing they have done or are doing shocks us. As Momma Kliff was fond of saying; “There comes a point when you just have to acknowledge the obvious and move on.”