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Judge: Most Claims Can Proceed in Remicade Antitrust Claims

December 20, 2018

A federal judge ruled Johnson & Johnson must face the majority of antitrust claims relating to its immunosuppressant Remicade (infliximab).

In the initial complaint, filed in January, the Rochester Drug Cooperative accused the company of sham litigation and state consumer protection law violations as well as using contracts to compel insurers not to cover competing biosimilars. In his Dec. 7 ruling, Judge J. Curtis Joyner of the Eastern District of Pennsylvania tossed the sham litigation claims as well as those under Rhode Island and New York state laws.

But he ruled that all other claims can proceed, including antitrust claims and claims of anticompetitive conduct.

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