J&J Sues Samsung Bioepis Over Alleged Breach in Stelara Biosimilar Agreement

Johnson & Johnson (J&J) has filed a lawsuit against Samsung Bioepis, accusing the South Korean company of violating a settlement agreement regarding the launch of a biosimilar version of J&J's blockbuster drug Stelara. The legal action comes amidst a flurry of biosimilar entries into the U.S. market, signaling a significant shift in the immunology treatment landscape.
Legal Battle Unfolds
J&J's lawsuit, filed in the U.S. District Court of New Jersey, alleges that Samsung Bioepis entered into an unauthorized agreement with an unnamed third-party healthcare company. This agreement purportedly allows the third party to market its own private label biosimilar of Stelara, a move J&J claims is in "clear breach" of the settlement reached between Samsung Bioepis and J&J's subsidiary Janssen in November 2023.
The original settlement permitted Samsung Bioepis to launch its Stelara biosimilar, Pyzchiva, in the U.S. by February 22, 2025. However, J&J contends that the alleged sublicensing deal with the third party threatens to cause "irreparable harm" to J&J and could compromise fair competition in the market.
While the identity of the third-party provider remains undisclosed in the complaint, J&J describes it as a subsidiary of a "vertically integrated health conglomerate" that includes one of the largest insurers and providers in the U.S., as well as a major pharmacy chain and a pharmacy benefit manager.
Biosimilar Market Dynamics
The legal dispute unfolds against the backdrop of increasing competition in the Stelara biosimilar market. Several companies have recently launched or are preparing to launch their versions of the drug:
- Amgen's Wezlana, which launched in January 2025, holds the FDA's interchangeability designation.
- Biocon Biologics' Yesintek and Samsung Bioepis' Pyzchiva both launched on February 25, 2025.
- Other entrants include Accord BioPharma's Imuldosa, Teva and Alvotech's Selarsdi, and Celltrion's Steqeyma.
This influx of biosimilars is expected to significantly impact Stelara's market dominance, which has been a key revenue driver for J&J. The company reported a 14.7% year-over-year drop in global Stelara sales to approximately $2.3 billion in Q4 2024, with full-year 2024 sales declining 4.6% to $10.4 billion.
Industry Implications
The lawsuit and the broader context of biosimilar competition highlight the complex dynamics of the pharmaceutical industry as blockbuster drugs face patent expiration. J&J's legal action against Samsung Bioepis underscores the high stakes involved in biosimilar launches and the intricate agreements that govern market entry.
As the case unfolds, industry observers will be watching closely to see how it might impact future biosimilar development and licensing agreements. The outcome could have far-reaching implications for pharmaceutical companies, healthcare providers, and patients alike, potentially shaping the future landscape of biosimilar competition in the United States.
References
- J&J Takes Samsung Bioepis to Court Over ‘Unlawful’ Stelara Biosimilar Sublicense
Samsung Bioepis allegedly entered into an agreement with a third-party health company, allowing it to market its own private label of a Stelara biosimilar.
- J&J takes Samsung Bioepis to court over claims Korean company breached Stelara biosim settlement
As Stelara biosimilars gradually make their way on to the U.S. market, Johnson & Johnson has accused one early adopter—Samsung Bioepis—of violating the settlement that paved the way for the launch of its biologic copycat earlier this week. The alleged breach of contract has prompted J&J to take the matter to court.
Explore Further
What are the specific terms of the original settlement agreement between J&J's subsidiary Janssen and Samsung Bioepis?
How does the potential involvement of a 'vertically integrated health conglomerate' impact the biosimilar market competition?
What are the industry-wide implications of the alleged breach on future biosimilar licensing agreements?
Who are the primary competitors launching biosimilars to Stelara, and what are their respective market advantages?
Are there any other pharmaceutical companies facing similar legal challenges in the biosimilar market?