Boehringer Says Cephalon Ruling Can't Help Aggrenox Class

Law360, New York (February 9, 2015, 8:30 PM EST) -- Boehringer Ingelheim Pharmaceuticals Inc. and Barr Pharmaceuticals Inc. have hit back at the class plaintiffs in the Aggrenox pay-for-delay litigation, saying the Pennsylvania federal judge's recent ruling denying summary judgment in the Federal Trade Commission's Cephalon case doesn't back the plaintiffs' opposition to the motion to dismiss in this case.

The defendants essentially argue in their brief that the U.S. District Judge Mitchell S. Goldberg of Pennsylvania's Eastern District got the law wrong on who has the burden of proving that a settlement is anti-competitive.

The drugmakers are referring to the ruling issued late last month in King Drug Company of...

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