Immediate Actos Appeal Will Resolve Uncertainty, Takeda Says

Takeda Pharmaceutical Co. Ltd. asked a Manhattan federal judge to let it immediately appeal two rulings greenlighting claims that the drugmaker delayed generic competition for the diabetes medication Actos by misrepresenting its patents to regulators.

“Prompt appellate review is necessary to address a controlling question of law that could obviate the need for prolonged, costly, and complex litigation, and resolve industry-wide uncertainty,” the company wrote in its Nov. 22 motion.

Both proposed antitrust class actions accuse Takeda of bottlenecking the generic approval process by gaming the Hatch-Waxman Act, which awards six months of generic exclusivity to companies that get brand-name ...