Federal Judge Allows Nexium Reverse Payment Patent Settlement Suit to Proceed
19 September 2013Antitrust, Competition and Economic Regulation Alert
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, U.S. 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.