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ARTICLE · 30 OCTOBER 2015

AstraZeneca And Ranbaxy Avoid Heartburn Of A New Antitrust Trial

McDermott Will & Emery
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In order to succeed, the plaintiffs had to prove the no-AG clauses caused "an 'antitrust injury'—a real-world impact on the relevant market from the alleged monopolistic practice or practices."

United StatesIntellectual Property
Krista Vink Venegas
Krista Vink Venegas
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In re Nexium (Esomeprazole) Antitrust Litigation, (D. Mass., August 7, 2015)

On August 7, 2015, Judge William G. Young, of the U.S. District Court for the District of Massachusetts, denied Plaintiffs' post-trial motions seeking a new trial and entry of a permanent injunction in this complex, multi-district pharmaceutical antitrust litigation. These motions followed an October 2014 jury trial based on alleged antitrust violations stemming from reverse payment settlements between AstraZeneca (the manufacturer of heartburn medication, Nexium®) and generic manufacturers (Ranbaxy, Teva and Dr. Reddy's Laboratories). Specifically, each settlement agreement AstraZeneca entered with generic manufacturers to end the Hatch-Waxman patent suit included a "no authorized generic clause." The antitrust case was instituted by classes of plaintiffs (including wholesale drug distributors, end-payers and pharmaceutical retail outlets) claiming that the settlements between AstraZeneca

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