Munger, Tolles & Olson won a victory for client Takeda Pharmaceuticals and its former subsidiary Mutual Pharmaceutical Co. on Jan. 30, 2014, when the U.S. District Court for the Eastern District of Tennessee denied class certification to two proposed classes of indirect purchasers alleging that defendant’s conduct in licensing and enforcing patents delayed entry into the market of a generic version of the muscle relaxant Skelaxin. The case is In re: Skelaxin (Metaxalone) Antitrust Litigation (E.D. Tenn.)
In denying class certification, U.S. District Judge Curtis L. Collier held that a proposed class of third party health payors was not ascertainable because each transaction of each putative class member would have to be analyzed individually to determine whether and how it was harmed. The court also denied class certification to a nationwide group of retailers on choice-of-law grounds. The decisions are noteworthy as one of the first denials of certification of a large proposed class in pharmaceutical antitrust litigation.
Takeda is represented by Munger Tolles attorneys Jeffrey I. Weinberger, Rohit K. Singla, Jonathan H. Blavin and Gregory M. Sergi.
Mr. Weinberger's practice consists principally of antitrust and intellectual property litigation in trial and appellate courts.
Mr. Singla focuses his practice on antitrust and intellectual property disputes in high technology industries.
Mr. Blavin has substantial experience in high-technology intellectual property disputes, Internet and privacy-related litigation, federal antitrust actions and consumer class actions.
Mr. Sergi is a litigator focusing on antitrust issues and complex civil litigation.