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AstraZeneca Settles Toprol Antitrust Action For $20M

Posted: September 26, 2011
By: Abigail Rubenstein
Source: Law360
Outcome: Settlement
Practice Areas: Antitrust

Law360, New York (September 26, 2011, 8:57 PM ET) -- AstraZeneca Pharmaceuticals LP on Monday agreed to pay $20 million to settle claims brought in Delaware by a putative class of direct purchasers of Toprol-XL who allege the pharmaceutical giant used sham patent litigation to delay generic competition for the hypertension drug.

The plaintiffs asserted that beginning in May 2005 the drug company used fraudulently obtained patents and sham patent infringement suits to impede the approval and market entry of generic metoprolol succinate, which it markets under the brand name Toprol-XL.

The direct purchaser plaintiffs, including Meijer Inc., Rochester Drug Co-operative Inc. and American Sales Co., filed motions Monday asking the court to sign off on the $20 million deal and to certify a settlement class of persons or entities that purchased the drugs directly from AstraZeneca from May 5, 2005, through Sept. 23.

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