Braintree Ducks Indirect Purchasers' MiraLax Suit

Law360, New York (July 12, 2011, 4:42 PM EDT) -- A Delaware federal judge on Tuesday tossed a putative antitrust class action brought against Braintree Laboratories Inc. by indirect purchasers of MiraLax who claimed the company initiated sham patent litigation aimed at blocking generic versions of the laxative.

U.S. District Judge Sue L. Robinson ruled that Medical Mutual of Ohio Inc.'s complaint, filed in July 2010, was brought too late, since Braintree sued Schwarz Pharma Manufacturing Inc. in 2003 and the applicable statute of limitations was three years.

MMOH had argued that the clock on its...
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