3rd Circ. Declines To Hear Mylan, Celgene Antitrust Fight

Law360, New York (March 6, 2015, 4:55 PM EST) -- The Third Circuit on Thursday rejected Celgene Corp.'s bid for an immediate review of a New Jersey federal judge's decision not to toss Mylan Pharmaceuticals Inc.'s antitrust suit accusing Celgene of gaming federal drug safety measures to block lower-priced generic versions of its blockbuster cancer drugs Thalomid and Revlimid.

Celgene had sought to launch an immediate challenge of a December ruling by U.S. District Judge Esther Salas that kept most of Mylan's suit alive. Judge Salas had certified Celgene's request for interlocutory appeal in January, but the Third Circuit issued an order Thursday that denied Celgene's petition.

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