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Fourth Circuit Breathes New Life into Monopolization Suit Thursday, April 22, 2021
The US Court of Appeals for the Fourth Circuit revived an antitrust suit alleging that a pharmaceutical manufacturer illegally maintained its monopoly for its innovator drug by precluding competition beyond the expiration date of the patent covering the drug. The Court found that the case was filed within the statute of limitations because the antitrust claims did not accrue until the consumers were injured by paying supracompetitive prices for the drug after the patent expired.
Baltimore v. Actelion Pharm., Ltd., Case No. 19-2233 (4th Cir. Apr. 13, 2021) (Niemeyer, J.)
Actelion received an exclusive license under a patent issued in 1994 for Tracleer, the “only oral treatment for pulmonary arterial hypertension.” Although Actelion’s patent for Tracleer expired in November 2015, no competitor brought a generic version of Tracleer to market. The mayor of Baltimore and Baltimore’s
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3 hours ago The Fourth Circuit on Tuesday vacated a district court judgment that dismissed a class-action complaint lodging claims of federal and state antitrust law violations against Actelion Pharmaceuticals Ltd., Actelion Pharmaceuticals US Inc., and Janssen Research & Development LLC, remanding the matter back to the District of Maryland for further proceedings.
The class action originated over allegations that Actelion “extended its patent monopoly” for pulmonary artery hypertension drug Tracleer beyond the patent expiration date, the court explained, “through illegitimate means” in order to corner the market of generic pharmaceuticals and inflate Tracleer prices. The plaintiff class, led by the Mayor and City Council of Baltimore and Government Employees Health Association, alleged that they had to pay “supracompetitive prices” for the drug for at least three years after the Tracleer patent expired because no generic competitors were able t
The Fourth Circuit on Tuesday revived Baltimore's antitrust suit accusing Actelion Pharmaceuticals of illegally pumping up the price of its drug Tracleer after the patent expired, reversing a decision that the case was time-barred and finding that it was filed within the statue of limitations.