Takeda Should Face Certified Drug Actions, Judge Says (Correct)

Health plans are entitled to class certification in their claims against Takeda Pharmaceutical Co. over an alleged scheme to delayed generic competition for its diabetes drug Actos, a magistrate judge said.

Magistrate Judge Stewart D. Aaron of the US District Court for the Southern District of New York recommended that classes of direct purchasers and end-payors of the drug be certified in their consolidated actions against Takeda. In an Aug. 9 report, Aaron found that common issues predominated each class of plaintiffs in their underlying antitrust claims.

Takeda is accused of gaming the Hatch-Waxman Act patent litigation regime by mischaracterizing ...