Pfizer Can't Shake Skelaxin Pay-For-Delay MDL

Law360, Los Angeles (May 20, 2013, 10:52 PM EDT) -- A federal judge on Monday refused to dismiss multidistrict litigation accusing Pfizer Inc.'s King Pharmaceuticals Inc. and Mutual Pharmaceutical Co. Inc. of keeping generic versions of the muscle relaxer Skelaxin off the market, finding Rite Aid Corp. and others had plausibly alleged a conspiracy.

U.S. District Judge Curtis L. Collier said that while a licensing agreement settling a patent dispute didn't expressly prevent Mutual from selling generic Skelaxin, the brand name for the muscle relaxant metaxalone, King's payments of more than $200 million to the company could have implied such a prohibition.

The plaintiffs — including retail pharmacies, labor organizations, health...

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