An appeals court has revived a class action suit charging that Takeda stifled generic competition.

In the initial federal complaint, a group of municipalities and unions claimed the company maintained a monopoly with its diabetes drug, Actos, by using false patent descriptions to delay approvals for competitors’ products.

In a ruling, the U.S. Court of Appeals for the Second Circuit in Manhattan revived a portion of the suit after the class action was dismissed by a federal judge.