US District Court Judge Patti Saris rejected defendants' claim that while the AWP data was termed "average wholesale price," Congress and others responsible for setting reimbursements inherently understood that the figures were not accurate, and had little reflection on the actual average wholesale price, but rather was a benchmark used for negotiation purposes.

The judge ruled that "determining the plain language meaning of the regulatory and statutory term "average wholesale price" is a straightforward exercise that begins with the dictionary." Judge Saris goes on to cite Webster' New International Dictionary of the English Language entries for the words 'Average,' 'Wholesale,' and 'Price.'

According to lead trial attorney Steve Berman, this ruling is significant, and provides the plaintiffs a big boost as the trial date nears. Opening arguments are set for Monday, November 6th in Boston.