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End Payors Urge 4th Circ. To Revive Celebrex Antitrust Suit

Law360, New York (October 4, 2017, 8:09 PM EDT) -- A potential class of health benefit plans told the Fourth Circuit on Tuesday that they’re allowed to sue Pfizer Inc. over the tactics it allegedly used to get a patent for the inflammation medication Celebrex, as even though they’re indirect purchasers, their states have an exception allowing them to bring antitrust suits.

U.S. District Judge Arenda L. Wright Allen dismissed the case in February, citing federal preemption. But in their opening brief, the health plans said state law claims in so-called Illinois Brick repealer states should...
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