First Circuit Decision
The First Circuit upheld the verdict, noting that “[the] jury found . . . the plaintiffs had proved an antitrust violation in the form of a large and unjustified reverse payment from AstraZeneca to Ranbaxy.”
Hagens Berman Sobol Shapiro was appointed liaison and co-lead counsel in a challenge to a pay-for-delay deal for the billion dollar drug, Nexium. The case went to trial before the Honorable William G. Young in October 2014 – the first pay-for-delay antitrust case to be tried since the Supreme Court’s decision in F.T.C. v. Actavis, Inc., 570 U.S. 136 (2013). A jury rendered an arguably inconsistent verdict for defendant AstraZeneca. The First Circuit upheld the verdict on appeal.
The Court approved two partial settlements: first, between the Direct Purchaser Class and the Teva defendants; and second, between the Direct Purchaser Class and the Dr. Reddy’s defendants. The case is In re: Nexium (Esomeprazole) Antitrust Litigation, United States District Court for the District of Massachusetts, Civil Action No. 1:12-md-02409 (WGY). Copies are available from the links at right.
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