2nd Circ. To Scrutinize Antitrust Causation In Actos Case

Law360, New York (September 15, 2016, 7:15 PM EDT) -- The Second Circuit will hear oral arguments Friday in a bid by purchasers of diabetes drug Actos to revive a class action accusing Takeda of delaying generic competition through fraudulent patent descriptions, a case that will test the hurdles that must be cleared to show harm in antitrust lawsuits.

Employee health funds and other Actos end payors are asking the appeals court to reverse a September dismissal by U.S. District Judge Ronnie Abrams, who said the buyers did not plausibly show the companies' actions delayed generic versions of Actos from hitting the market.

The buyers allege that Takeda lied to the...

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