Court Orders Tricleer Antitrust Suit to Proceed to Discovery

In Actelion Pharmaceuticals Ltd. et al. v. Apotex Inc. et al., New Jersey District Court Judge Noel L. Hillman denied Actelion Pharmaceutical Ltd.’s motion for judgment on the pleadings and to dismiss defendants’ counterclaims in Actelion’s lawsuit over its blood pressure medication Tricleer.  Actelion sued several generic drug makers, claiming that antitrust laws don’t require it to supply Tracleer to aid in developing generics, and that it must constrain generic manufacturers’ access to the pills in order to abide by the FDA’s “risk evaluation and mitigation strategy.”  The judge did not elaborate on his reasons for denying Actelion’s motion, but said that he would issue an opinion explaining his decision within the next two weeks.  In the meantime, he ordered the case to proceed to discovery.

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