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US: Nexium Plaintiffs Seek a Permanent Injunction

By  |  January 21, 2015

Nexium found that AstraZeneca had violated the antitrust laws by acting to keep generics off the market but that no generic would have been introduced earlier in the market even without the violation. Thus, the jury found that the plaintiffs were not entitled to relief. Though the defendants have yet to file a response, they will likely argue the plaintiffs cannot show a threatened injury.

Specifically, by finding that AstraZeneca would not have introduced its own generic had another generic entered the market, the jury found no threatened injury. The defendants may therefore argue that plaintiffs have failed with respect to their burden of proof. The hearing date for the permanent injunction is scheduled for February 6, 2015 before Judge William G. Young in the United States District Court for the District of Massachusetts.

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