Massachusetts v. Mylan Laboratories

MEMORANDUM AND ORDER

SARIS, District Judge.

I. INTRODUCTION

The Commonwealth of Massachusetts brings this case against nine pharmaceuti cal manufacturers 1 for allegedly causing Massachusetts to overpay for generic prescription drugs under the Massachusetts Medicaid Program (“MassHealth”). Massachusetts contends that the defendants caused such overpayment by fraudulently inflating the “Wholesale Acquisition Cost” (“WAC”) and the “Average Wholesale Price” (“AWP”) of twenty-seven covered drugs.

Massachusetts moves for partial summary judgment as to liability with respect to Count IV of the First…