AstraZeneca Unit Ducks Patent Fraud, Not Sham Suit Claims
By Editorial Team
A Massachusetts federal judge spared AstraZeneca unit Alexion on Friday from half of a nonprofit insurer’s proposed class action, finding the plaintiff too far removed from anticompetitive patent fraud that allegedly propped up blood disorder treatment Soliris, while preserving accusations that Alexion brought sham infringement allegations against would-be rivals.
The judge’s decision highlights the complexity of the case and the legal nuances surrounding patent fraud and sham litigation claims in the pharmaceutical industry.
The lawsuit involved allegations of anticompetitive behavior related to the drug Soliris, which is used to treat certain blood disorders. The plaintiff, a nonprofit insurer, accused Alexion, a subsidiary of AstraZeneca, of engaging in patent fraud to maintain a monopoly over the drug.
While the judge dismissed some claims related to patent fraud, the lawsuit will proceed on allegations that Alexion brought sham infringement claims against potential competitors, indicating that the court found merit in certain aspects of the plaintiff’s case.
The decision underscores the importance of thorough legal analysis and evidence in complex patent litigation cases, especially in the pharmaceutical industry where competition and intellectual property rights are closely intertwined.
Both parties involved in the case, as well as legal experts, are closely monitoring the developments as the lawsuit progresses through the legal system.
