In In re: DDAVP Direct Purchaser Antitrust Litigation, the Second Circuit Court of Appeals has overturned a lower court’s dismissal of an antitrust case alleging that Ferring Pharmaceuticals Inc. and Aventis Pharmaceuticals Inc. conspired to keep generic drugs off the shelves by fraudulently acquiring a patent for diabetes drug DDVAP. The court held that the plaintiffs have antitrust standing and have adequately stated a claim upon which relief can be granted. At this stage of the lawsuit, direct purchaser plaintiffs must merely make a plausible claim of monopolization, which they had done by claiming that the lack of competing, generic versions of DDVAP injured them by forcing them to pay monopolistic prices for the drug.