Warner Chilcott Faces Monopolization Claims on Asacol

Warner Chilcott Ltd. must defend claims it engaged in “product hopping” to keep out generic competition for the drug Asacol (In re Asacol Antitrust Litig., 2016 BL 233472, D. Mass., Civil Action No. 15-cv-12730-DJC, 7/20/16).

Judge Denise J. Casper refused to dismiss the product hopping claims, filed underSherman Act §1, but found the plaintiffs lacked standing to pursue pay for delay claims, filed underSherman Act §2. She’ll allow the product hopping claims to proceed to discovery.

The plaintiffs alleged a patent settlement between Warner Chilcott and Zydus Pharmaceuticals USA Inc. unlawfully ...