The US District Court for the Northern District of California upholds assignment of antitrust claims to indirect purchasers (United Food / Teikoku Pharma)

Northern District of California Upholds Assignment of Antitrust Claims to Indirect Purchasers* Portions of a reverse payment suit against Endo Pharmaceuticals and others were recently dismissed by Judge William H. Orrick of the Northern District of California. The case [1] was brought by plaintiffs who allege that a settlement agreement resolving a patent dispute over the drug Lidoderm illegally delayed the release of a generic version. We have previously discussed reverse payments (or pay-for-delay) cases on this blog. A notable aspect of the decision is the court’s treatment of the indirect purchaser plaintiffs’ standing. Under the U.S. Supreme

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Authors

  • Patterson Belknap Webb & Tyler (New York)
  • Patterson Belknap Webb & Tyler (New York)

Quotation

Robert P. LoBue, David S. Kleban, The US District Court for the Northern District of California upholds assignment of antitrust claims to indirect purchasers (United Food / Teikoku Pharma), 17 July 2015, e-Competitions US Private Enforcement, Art. N° 76771

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