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Judge allows Torrent Pharmaceuticals' antitrust counterclaim against Otsuka over Abilify

( June 22, 2015, 22:31 GMT | Official Statement) -- MLex Summary: US District Judge Jerome B. Simandle has issued an order denying Otsuka Pharmaceutical's motion to dismiss Torrent Pharmaceuticals' antitrust counterclaim accusing Otsuka of engaging in sham litigation. Simandle found that Torrent sufficiently alleged it suffered antitrust injury because Otsuka's alleged behavior "has adversely affected competition in the overall aripiprazole market by encumbering the path of generic entry and effectively extending Otsuka’s long-held monopoly." He also found that Torrent's allegations that Otsuka, in bad faith and with the purpose of delaying competition, “'initiated litigation' despite Torrent’s allegedly dispositive evidence of noninfringement" are sufficient to overcome Otsuka's Noerr-Pennington immunity.See document below....

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