Judge denies AstraZeneca request to dismiss lawsuit involving Toprol heart drug

Judge refuses to dismiss Toprol lawsuit

DOVER, Del. — A federal judge in Delaware has refused to dismiss a lawsuit accusing AstraZeneca of anticompetitive practices involving the heart drug Toprol-XL.

Tuesday’s ruling involves consolidated antitrust complaints filed in 2006 by drug wholesalers and pharmacies, and by health and welfare plans, self-insured employers and others.

The plaintiffs allege among other things that AstraZeneca engaged in monopoly practices that forced them to pay higher prices for Toprol. They say the company withheld information from federal patent officials in order to fraudulently obtain Toprol-related patents, then restricted generic competition by filing sham patent-infringement lawsuits against rival manufacturers.

The judge ruled that the plaintiffs had adequately stated a claim, and that their allegations were sufficient to survive AstraZeneca’s request for dismissal.