Attorneys from Ballard Spahr have filed an amicus brief in support of Actavis, a pharmaceutical company, over an antitrust case involving a new medication. The brief was filed by litigation partners Edward D. Rogers and Leslie E. John.

The company claims the litigation by New York Attorney General Eric Schneiderman would hurt it, as it moves forward to offer the medication, Namenda XR, to treat Alzheimer's disease.

The case, known as State of New York v. Actavis Plc Forest Laboratories, is pending before the U.S. Court of Appeals for the Second Circuit. Last year, a district court enjoined Forest from discontinuing the old drug. The district court wanted the company to keep on providing the older medication for some time after it introduced the new drug.

"At issue is the ability of the makers of brand-name drugs to phase out older versions of medications as they develop more effective products for consumers,” according to a statement from the law firm. “The outcome of this case could determine whether pharmaceutical companies can be forced to continue spending money on manufacturing and promoting products that they consider to be obsolete at the same time that they are devoting considerable resources to developing more effective medications.”

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Antitrust
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