Otsuka Can't Duck Antitrust Claims Over Antipsychotic Drug

Law360, New York (August 29, 2016, 6:12 PM EDT) -- A New Jersey federal judge has ruled that Otsuka Pharmaceutical Co. Ltd. can’t duck antitrust counterclaims by generics maker Apotex Corp. in an infringement suit over patents related to the antipsychotic drug Abilify, but agreed to split the case and hear the infringement claims first.

U.S. District Judge Jerome B. Simandle held that Apotex has made a sufficient counterargument that Otsuka holds and has exerted monopoly power in the market for aripiprazole, an ingredient in Abilify, to overcome Otsuka’s bid to dismiss the claims, according to his opinion. But the judge also granted Otsuka’s alternative bid to bifurcate and stay the...

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