Nexium Verdict No Final Word on Pay-for-Delay

December 8, 2014

Gregory Asciolla describes jury’s verdict as “silver lining” for plaintiffs

An 11-person federal jury recently sided with AstraZeneca PLC and Ranbaxy Inc. in the first pay-for-delay class action trial since the U.S. Supreme Court agreed the patent settlements could face antitrust scrutiny, finding that AstraZeneca would never have allowed a generic Nexium to launch before its medicine patents expired.

"The jury agreed AstraZeneca had market power on Nexium. The jury agreed that the Ranbaxy agreement was a large and unjustified payment. That's huge under Actavis. The judge let it go to the jury," he said. "These were very key things for future elements of cases in the pay-for-delay area and where the jury saw a problem is something we may never see again."

"This may not have ended up being the best first case post-Actavis ... but there is a long pipeline of other pay-for-delay cases that will follow," Greg added.