2nd Circ. Questions Takeda's 'Lazarus' Take On Drug Patents

Law360 (April 7, 2021, 6:53 PM EDT) -- A Second Circuit panel grilled Takeda in oral arguments Wednesday on the pharmaceutical company's bid to duck antitrust claims that it delayed the entry of generic alternatives to diabetes treatment Actos, with one judge likening the company's exclusivity claim to resurrecting "Lazarus from the dead."

At stake are U.S. District Judge Ronnie Abrams' rulings, which preserved antitrust claims brought by two groups of Actos buyers that say Takeda falsely told the U.S. Food and Drug Administration that two new patents describing how to combine the drug with others covered its chemical ingredients — rather than simply methods of using the drug...

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