Actavis Dooms Exforge Buyers' Pay-For-Delay Claims

Law360 (August 15, 2019, 8:54 PM EDT) -- Buyers of the hypertension medication Exforge will have to pursue their pay-for-delay allegations against the drug's brand maker Novartis and generics company Par Pharmaceutical under a harder-to-prove legal standard, thanks to the U.S. Supreme Court's Actavis decision, a New York federal judge held Thursday.

U.S. District Judge Alvin K. Hellerstein tossed the allegations contending the settlement between the companies was per se, or automatically illegal, while also dismissing dozens of state-law claims he said were blocked by the statute of limitations or were "duplicative," among other reasons.

The loss of the per se claim is likely to be particularly damaging for...

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