4th Circ. Revives Antitrust Suit Over Actelion's Drug Tracleer

Law360 (April 13, 2021, 10:45 PM EDT) -- The Fourth Circuit on Tuesday revived Baltimore's antitrust suit accusing Actelion Pharmaceuticals of illegally pumping up the price of its drug Tracleer after the patent expired, reversing a decision that the case was time-barred and finding that it was filed within the statue of limitations.

A three-judge panel vacated a lower court's dismissal order and remanded the suit in its published, 22-page opinion, ruling that the antitrust claims brought by the mayor of Baltimore and the city's Government Employees Health Association did not accrue until they allegedly began paying "supracompetitive prices" for Actelion's pulmonary artery hypertension drug after the patent expired in November...

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