End-Payor Class Certification in Nexium ‘Pay for Delay’ Litigation Survives Appeal

A district court did not abuse its discretion in certifying a class of Nexium purchasers asserting Sherman Act claims against drug makers despite the likely presence in the class of a small, unidentified number of uninjured class members, according to a Jan. 21 decision by the U.S. Court of Appeals for the First Circuit (In re Nexium Antitrust Litig., 1st Cir., 14-1521, 1/21/15).

AstraZeneca’s Nexium heartburn medication is protected by several patents, asserted in a Hatch-Waxman litigation against generic drug makers Ranbaxy Pharmaceuticals Inc., Teva Pharmaceutical Industries Ltd. and Dr. Reddy’s Laboratories Ltd.

AstraZeneca paid the generic companies ...