The Third Circuit recently held in In re Remicade (Direct Purchaser) Antitrust Litigation that a direct purchaser’s antitrust suit alleging overpayment for a drug purchased pursuant to a distribution agreement with a...more
9/19/2019
/ Anti-Competitive ,
Antitrust Litigation ,
Antitrust Provisions ,
Antitrust Violations ,
Arbitration ,
Arbitration Agreements ,
Biologics ,
Class Action ,
Competition ,
Contract Terms ,
Corporate Counsel ,
Direct Purchasers ,
Drug Pricing ,
Life Sciences ,
Manufacturers ,
Monopolization ,
Motion to Compel ,
Pharmaceutical Industry ,
Prescription Drugs ,
Sales & Distribution Agreements ,
Sherman Act
One year after the Supreme Court changed the False Claims Act landscape, FCA litigants continue to grapple with the “demanding” materiality standard set forth in Universal Health Services v. United States ex rel Escobar. Now...more
A recent circuit court decision will be a welcome development for False Claims Act defendants because it reinforces a significant pleading hurdle for claims to proceed, with the court citing lack of government intervention as...more
To prevail in a product-hopping case, a plaintiff must be prepared to establish both monopoly power and anticompetitive effects.
On September 28, a unanimous panel of the U.S. Court of Appeals for the Third Circuit...more
10/6/2016
/ Anti-Competitive ,
Appeals ,
Generic Drugs ,
Hatch-Waxman ,
Mylan Pharmaceuticals ,
Pharmaceutical Industry ,
Prescription Drugs ,
Product Hopping ,
Sherman Act ,
Summary Judgment ,
Warner Chilcott
The Modafinil decision bodes well for defendants and represents another step toward increased scrutiny of the class action device in the Third Circuit.
On September 13, a divided panel of the U.S. Court of Appeals for...more
9/16/2016
/ Antitrust Litigation ,
Appeals ,
Class Action ,
Class Certification ,
Delay Claims ,
Direct Purchasers ,
FRCP 23 ,
Generic Drugs ,
Joinder ,
Numerosity ,
Patent Infringement ,
Patents ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Predominance Requirement ,
Prescription Drugs ,
Vacated
On December 22, 2014, the Federal Trade Commission (FTC or the Commission) released an overview of pharmaceutical patent settlements filed with the Commission in Fiscal Year 2013 (October 1, 2012–September 30, 2013). The FTC...more
A United States district court judge sitting in the District of New Jersey has held that only patent litigation settlements involving monetary payments from branded to generic pharmaceutical manufacturers are subject to the...more