United Food & Commercial Workers Local 1776 v. Takeda America Holdings, Inc.

RAKOFF, District Judge:

Plaintiffs allege that the defendants-ap-pellees (collectively “Takeda”) prevented competitors from timely marketing a generic version of Takeda’s diabetes drug ACTOS by falsely describing two patents to the Food and Drug Administration. Plaintiffs claim that these false patent descriptions channeled Takeda’s competitors into a' generic drug approval process that *93granted the first-filing applicants a 180-day exclusivity period, which in turn acted as a 180-day “bottleneck” to all later-filing applicants. Of the ten generic applicants, nine took that route. However, one…