In October 2018 Steve Shadowen appeared on behalf of end-payors before Judge Abrams of the Southern District of New York to argue against defendants’ motions to dismiss class action claims that end-payors are pursuing against Takeda Pharmaceutical Co. The case involves the blockbuster anti-diabetic drug, Actos, which generated over $3 billion in annual sales. Actos was approved by the FDA in 1999 and its two patents were issued in 1999 and 2002; the central dispute is whether Takeda submitted false and misleading patent information for Actos in an attempt to preserve its monopoly.
Judge Abrams dismissed the end payors’ suit in 2015, but the Second Circuit revived it last year, ruling that plaintiffs had successfully shown causation between Takeda’s conduct and the resulting anti-competitive harm. Hilliard & Shadowen continues to strive for economic justice for consumers and entities that over-paid for Actos.
You can find more information on the case here.