A claim that false descriptions of two patents in the marketing of a diabetes drug kept generics off the market and forced buyers to pay higher prices was given new life Wednesday by a federal appeals court.
The U.S. Court of Appeals for the Second Circuit reinstated a claim that false patent descriptions by Takeda Pharmaceuticals on its diabetes drug Actos prevented the timely marketing of a generic version of the drug. It also upheld the dismissal of claims against the bulk of the defendants in In re Actos End-Payor Antitrust Litigation, 15-3364.
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