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MASSACHUSETTS v. SCHERING-PLOUGH CORP.

Civil Action No. 03-11865-PBS.

779 F.Supp.2d 224 (2011)

The Commonwealth of MASSACHUSETTS, Plaintiff, v. SCHERING-PLOUGH CORPORATION, Schering Corporation, & Warrick Pharmaceuticals Corporation, Defendants.

United States District Court, D. Massachusetts.

April 27, 2011.

Attorney(s) appearing for the Case

Peter A. Mullin , K. Nathaniel Yeager , Robyn P. Dollar , John Pina, III , Steven T. Sharobem , Assistant Attorneys General, Attorney General's Office, Boston, MA, for Plaintiff.

John T. Montgomery , Douglas H. Hallward-Driemeier , John P. Bueker , Amanda L. Lydon , Ropes & Gray LLP, Boston, MA, for Defendants.

MEMORANDUM AND ORDER

SARIS, District Judge.

I. INTRODUCTION

The Commonwealth of Massachusetts claims that Schering-Plough Corporation, Schering Corporation, and Warrick Pharmaceuticals Corporation caused the Massachusetts Medicaid Program to overpay for the generic drug Albuterol by fraudulently inflating the "Wholesale Acquisition Cost" ("WAC") of the drug. The Commonwealth argues that the spreads between defendants' reported prices and "true...

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