Case Against Sham Challenge to Generic Drug Goes to Trial

Southern District of NY Judge Harold Baer ruled that an antitrust action against Sanofi-Aventis for filing an allegedly baseless citizent petition to block approval of generic versions of rheumatoid-arthritis drug leflunomide.  The plaintiff, Louisiana Wholesale Drug Co. argues that the petition was filed with the intent to delay approval, and that it had the intended effect of delaying that approval for several months.

Update: November 2008: The jury found that the petition was not objectively groundless and thus ruled for the defendant.

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