Addressing standing for purposes of antitrust litigation related
to reverse payment allegations and assignment of rights, the US
District Court for the Northern District of Illinois explained
standing in connection with reverse payment abbreviated new drug
application (ANDA) litigation and granted Defendants’ motion
to dismiss the complaint. However, it allowed Plaintiffs 21 days to
file an amended complaint. In re Opana ER Antitrust
Litigation, Case No. 14-C-10150 (N.D. Ill., Feb. 25. 2016)
(Leinenweber, J.).
Endo Pharmaceuticals began selling
Opana ER® (oxymorphone HCI), an extended release form of
oxymorphone hydrochloride marked for the relief of moderate to
severe pain, on June 21, 2006. At the time, Endo had three years of
regulatory protection from generic competition. Knowing this, Endo
bought the rights to four additional patents that could be used to
block generic competition beyond 2009. In November 2007, Impax
filed an ANDA seeking to market a
