Martin Shkreli failed to convince a federal judge to dismiss an antitrust lawsuit against him on April 10, about a week after reports that the imprisoned “pharma bro” had been placed in solitary confinement, reported Bloomberg.
Shkreli, Retrophin, and two related companies are facing claims that they unlawfully shielded the blockbuster kidney drug Thiola from competition by refusing to put out samples that competing pharmaceutical companies must use, under federal law, to demonstrate the “bioequivalence” of their generics.
They will now have to undergo 90 days of limited discovery to determine whether plaintiff Spring Pharmaceuticals has standing to sue by virtue of the investment it made preparing to develop a generic Thiola rival, according to the ruling by Judge J. Curtis Joyner of the US District Court of the Eastern District of Pennsylvania.
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