AstraZeneca, Mylan Spar Over Prilosec Suit Dismissal

Law360, New York (March 7, 2011, 4:51 PM EST) -- AstraZeneca AB and Mylan Laboratories Inc. squared off before the Federal Circuit on Monday over whether a district judge wrongly dismissed Mylan's allegations that AstraZeneca violated antitrust law by filing sham patent suits to protect its heartburn drug Prilosec.

A three-judge panel of the U.S. Court of Appeals for the Federal Circuit heard Mylan argue that the antitrust claims shouldn't have been chucked prior to discovery. The claims were well pled, James H. Wallace Jr. of Wiley Rein LLP, an attorney for Mylan, said.

Circuit Judge...
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