Actos Reversal in Second Circuit Boosts Plaintiff Antitrust Claims

The Second Circuit Court of Appeals has revived claims by purchasers of the diabetes drug Actos.

The case, In re: Actos End Payor (15-3364) accuses Actos manufacturer Takeda Pharmaceutical Co. Ltd. of acting to delay generic competition for Actos, forcing consumers and third-party payors to pay higher prices for this needed medication.

The revival by the appeals court partially overturned a dismissal of claims from September 2015. The Second Circuit determined that it was not the buyer’s burden to disprove the litany of alternative reasons Takeda offered to explain why Teva Pharmaceuticals Industries Ltd. was allegedly prevented from earlier selling a generic version of Actos. This is a significant result.

The purchasers in this case are represented by Kenneth A. Wexler of Wexler Wallace, Steve D. Shadowen of Hilliard & Shadowen LLP, Michael M. Buchman of Motley Rice LLC, and Jayne A. Goldstein of Pomerantz LLP.