Takeda Beats Antitrust Claims In Heartburn Drug Patent Fight
By Jeannie O'Sullivan (July 26, 2021, 8:34 PM EDT) -- A New Jersey federal judge on Monday tossed generic-drug maker Zydus Pharmaceuticals Inc.'s antitrust counterclaims accusing Takeda Pharmaceutical Co. Ltd. of filing sham patent litigation to delay competition for heartburn medication Prevacid, ruling there was no showing Takeda didn't have legitimate infringement concerns.
Chief U.S. District Judge Freda L. Wolfson ended Zydus' claims that Takeda launched a complaint only to prolong the U.S. Food and Drug Administration's approval of Zydus' generic. Takeda argued that it enjoyed immunity under the Noerr-Pennington doctrine, which extends First Amendment protection, with limited exceptions, to competitors that petition the government.
Judge Wolfson rejected Zydus' contention that...
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