IN RE ACTOS END-PAYOR ANTITRUST LITIGATION

Docket No. 15-3364 August Term 2016.

848 F.3d 89 (2017)

IN RE ACTOS END-PAYOR ANTITRUST LITIGATION. United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund, individually and on behalf of all others similarly situated, 199 SEIU-National Benefit Fund, Plaintiffs-Appellants, Crosby Tugs, LLC, International Union of Operating Engineers Local 132 Health and Welfare Fund, Painters District Council No. 30 Health and Welfare Fund, Individually and on Behalf of All Others Similarly Situated, NECA-IBEW Welfare Trust Fund, individually and on behalf of all others similarly situated, City of Providence, Rhode Island individually and on behalf of all others similarly situated, Minnesota and North Dakota Bricklayers and Allied Craftworkers Health Fund, on behalf of themselves and all others similarly situated, New England Electrical Workers Benefit Fund, Individually and on behalf of all others similarly situated, Man-U Service Contract Trust Fund, on behalf of themselves and all others similarly situated, Consolidated Plaintiffs-Appellants, Plumbers & Pipefitters Local 178 Health & Welfare Trust Fund, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, A.F. of L.A.G.C. Building Trades Welfare Plan, individually and on behalf of all others similarly situated, Greater Metropolitan Hotel Employers-Employees Health and Welfare Fund, on behalf of themselves and all other similarly situated, Local 17 Hospitality Benefit Fund, on behalf of itself and all others similarly situated, Dennis Kreish, on behalf of himself and all others similarly situated, Teamsters Union Local 115 Health & Welfare Fund, on behalf of themselves and all others similarly situated, Consolidated Plaintiffs, v. Takeda America Holdings, Inc., Takeda Pharmaceuticals, U.S.A., Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceuticals Company Limited, Defendants-Appellees, Ranbaxy Laboratories, Ltd., Mylan, Inc., Mylan Pharmaceuticals Inc., Actavis PLC, f/k/a Actavis, Inc., Watson Laboratories, Inc., Ranbaxy, Inc., Ranbaxy Pharmaceuticals, Inc., Teva Pharmaceuticals Industries, Ltd., Teva Pharmaceuticals USA, Inc., Defendants.

United States Court of Appeals, Second Circuit.

Decided: February 8, 2017.


Attorney(s) appearing for the Case

STEVE D. SHADOWEN ( Jayne A. Goldstein , Pomerantz LLP, Weston, FL; Kenneth A. Wexler , Wexler Wallace LLP, Chicago, IL, on the brief), Hilliard & Shadowen LLP, Austin, TX, for Plaintiffs-Appellants.

ROHIT K. SINGLA ( Blanca F. Young , Munger, Tolles & Olson LLP, San Francisco, CA; Jeffrey I. Weinberger , Adam R. Lawton , Munger, Tolles & Olson LLP, Los Angeles, CA, on the brief), Munger, Tolles & Olson LLP, San Francisco, CA, for Defendants-Appellees.

Thomas M. Sobol , Davis S. Nalven , Gregory T. Arnold , Kristen A. Johnson , Hagens Berman Sobol Shapiro LLP, Cambridge, MA; Linda P. Nussbaum , Bradley J. Demuth , Nussbaum Law Group, P.C., New York, NY, for amicus curiae Direct Purchasers in support of no party.

Before: Jacobs and Livingston, Circuit Judges, and Rakoff, District Judge.


Plaintiffs allege that the defendants-appellees (collectively "Takeda") prevented competitors from timely marketing a generic version of Takeda's diabetes drug ACTOS by falsely describing two patents to the Food and Drug Administration. Plaintiffs claim that these false patent descriptions channeled Takeda's competitors into...

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