Federal judge allows Nexium reverse payment patent settlement suit to proceed
Last week, a federal judge in Massachusetts largely denied a series of motions seeking dismissal of various ‘pay-for-delay’ claims brought by direct and indirect purchasers involving AstraZeneca’s acid reflux drug Nexium. Although certain federal and state claims were trimmed on statute of limitation grounds, US district judge William Young let stand the core claims of the suit based on the alleged continuing harm flowing from the agreements.
This ruling comes just months after the Supreme Court’s long-awaited decision in FTC v Actavis and is one of the first times a court has applied the rule of reason analysis as articulated by the court. Significantly, in his ruling Young adopted a view strongly urged by the FTC that so-called ‘No-AG’ provisions can be viewed as ‘reverse payments’.
The agreements at issue settled patent litigation filed by AstraZeneca in November 2005 after Ranbaxy notified AstraZeneca that it intended to market generic versions of Nexium. As part of its Abbreviated New Drug Application (ANDA), Ranbaxy included a so-called ‘Paragraph IV’ certification that the commercial manufacture, use and/or sale of any generic Nexium product would not infringe any of AstraZeneca’s valid patents. The Ranbaxy ANDA filing was followed soon after by ANDA filings by Teva and Dr Reddy’s and additional patent suits filed by AstraZeneca against each…
If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.
News from Hogan Lovells
News from The Lawyer
Briefings from Hogan Lovells
The new Companies Ordinance (Cap. 622), which came into effect on 3 March 2014, is a substantial rewrite of Hong Kong companies law.
Employment News — 14 April 2014: the final straw — employer entitled to take strict view in light of previous warnings
Before his dismissal, the claimant in Disotto Food Ltd v Carlos Santos for misconduct he had been given three warnings about his conduct.
Analysis from The Lawyer
Beyond the headline infrastructure projects, UK construction work is still recovering from the clobbering it took during the slump
When a firm shouts loudly about a landmark merger, as SJ Berwin did when it joined forces with King & Wood Mallesons, departures are always likely to come under the spotlight.