Judge Denies Novartis’ Motion to Appeal Buckman Preemption Ruling in Bevou Action

OMAHA, Neb. — A Nebraska federal judge has denied Novartis Pharmaceutical Corp.’s motion to certify for interlocutory appeal a Buckman preemption ruling in three cases targeting its vascular endothelial growth factor inhibitor drug Bevou.

In a Nov. 24 order, Judge John M. Gerrard of the U.S. District Court for the District of Nebraska ruled that Novartis failed to “identify or address a controlling question of law, or identify a substantial ground for a difference of opinion regarding the application of Buckman.”

Beovu (brolucizumab) is a human vascular endothelial growth factor inhibitor, and is indicated for the treatment of neovascular (wet) …