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Drugmakers denied interlocutory appeal in US over EpiPen, Nuvigil settlements

By Melissa Ritti ( November 7, 2024, 21:39 GMT | Insight) -- A March 2024 finding that a purported plaintiff class plausibly allege Teva and Cephalon committed an affirmative act when they failed to identify two patent settlements as related in their reporting to the US Department of Justice and in statements to the public will stand. In an order yesterday denying a petition for interlocutory appeal from that ruling, a US judge said he “simply doesn’t read” the US Supreme Court’s 2013 ruling in FTC v. Actavis as permissive of “the sort of collusive, horse-trading-of-monopolies arrangement that plaintiffs allege here.”Three questions presented by Teva and Cephalon for interlocutory appeal do not rise to the level of “extraordinary,” as required to succeed under 28 USC 1292(b), a US federal judge said....

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