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Case Name: UFCW v. Takeda Pharmaceutical Co. Ltd, et al.

Docket No.: 1:13-cv-09244


filed:December 31, 2013

court:District Court, Southern District of New York


The ACTOS case was filed on December 31, 2013 and is currently pending in the Southern District of New York. The case involves two the blockbuster anti-diabetic drugs, ACTOS and ACTOplus met.

The ACTOS complaint alleges first that the brand manufacturer obtained unlawful monopoly protection by fraudulently representing to the FDA that the ACTOS drug was claimed by patents that unambiguously covered different drug products. The complaint also alleges that defendants entered into an anticompetitive “pay for delay” settlement agreements for both ACTOS and ACTOplus met, causing consumers and health plans to pay overcharges for drugs that should have had available lower priced generic equivalents a year and half prior.