2nd Circ. Nixes $1.3B Asthma Drug Suit V. AstraZeneca

Law360, New York (June 24, 2011, 5:02 PM EDT) -- The Second Circuit on Friday affirmed a win for AstraZeneca AB in a $1.3 billion suit accusing it of breaking a contract to develop a pediatric asthma drug for a San Diego pharmaceutical company.

Verus Pharmaceuticals Inc.'s contract with AstraZeneca merely required it to try to get regulatory approval in the U.S. for a drug called budesonide — it did not require the defendant to succeed, a three-judge panel ruled.

The plaintiff has for two years tried in vain to convince courts that AstraZeneca illegally dumped...
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