By Kevin E. Noonan — In a decision characterized (somewhat remarkably) by the Circuit Court as being one of first impression, the Second Circuit affirmed dismissal with prejudice of an antitrust allegation by a class of plaintiffs* against Forest Laboratories and several generic drug companies** for settlement agreements in ANDA litigation, in CVS Pharmacy Inc. v. Forest Laboratories Inc. The litigation arose over the generic drugmakers’ ANDA filings involving Forest Laboratories’ Bystolic (nebivolol hydrochloride) product, which is a beta blocker used for treating high blood pressure: The patent asserted in the litigation was U.S. Patent No. 6,545,040 (expired December 17,…
