Nexium Ruling Offers Road Map For Pay-For-Delay Classes

Law360, New York (January 23, 2015, 7:51 PM EST) -- The First Circuit's decision to uphold class certification in the Nexium pay-for-delay litigation despite the presence of some uninjured members in the group may be a hollow victory for the heartburn-drug purchasers after their recent loss at trial, but the ruling offers a boost for other plaintiffs as a bevy of antitrust class actions over pharmaceutical patent settlements forge ahead.

A split three-judge panel ruled Wednesday that the Massachusetts district court hadn't abused its discretion in certifying a class of consumers, insurers and other entities who...
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