Antitrust Law Daily Wrap Up, ANTITRUST—S.D. N.Y.: Injunction blocking Actavis from switching Alzheimer treatment medications not stayed, (Dec 16, 2014)

By Linda O’Brien, J.D., LL.M.

In an action by the New York Attorney General against pharmaceutical manufacturer Actavis plc and its subsidiary Forest Laboratories for allegedly forcing Alzheimer’s patients to switch medications as part of an anti-competitive strategy designed to delay generic competition, the federal district court in New York City has denied Actavis’ request to stay a preliminary injunction (The People of the State of New York v. Actavis, plc, December 15, 2014, Sweet, R.).

Forest is the exclusive seller of the patented drug Namenda, a therapy approved by the Food and Drug Administration (FDA) for the treatment of Alzheimer’s disease. In February 2014, the New York Attorney General’s office began an investigation into Forest’s plans to withdraw Namenda IR from the market , which was protected by a patent due to expire in July 2015, and to switch patients to Namenda XR, a similar drug with a longer patent.

In September 2014, the State filed a complaint, seeking to block Actavis and Forest from discontinuing sales of Namenda IR and forcing patients to switch to Namenda XR. On December 11, the court granted the New York Attorney General’s motion for preliminary injunction. Pursuant to the court’s order, the defendants: (1) are required to continue to make Namenda IR tablets available on the same terms applicable in July 2013 when Namenda XR entered the market; (2) must inform health care providers of the injunction and continued availability of Namenda IR tablets; and (3) are prohibited from imposing “medical necessity” requirement for filling prescriptions of Namenda IR during the term of the injunction. The injunction will remain in effect until 30 days after July 11, 2015, when generic versions of Namenda will first be available.

The case is No. 14 Civ. 7473.

Attorneys: Elinor Rose Hoffmann, New York State Office of the Attorney General, for the State of New York. Jack Pace (White & Case LLP) for Actavis plc, and Forest Laboratories, LLC.

Companies: Actavis plc; Forest Laboratories, LLC

Cases: Antitrust NewYorkNews