US appeals court: Alzheimer’s drug swap is anti-competitive

ALBANY, N.Y. (AP) _ A federal appeals court in New York has ruled that drug manufacturer Actavis PLC’s attempted switch of patented Alzheimer’s medication violates U.S. antitrust law.

The decision released this week explains last week’s ruling by the 2nd U.S. Circuit Court of Appeals that requires the Dublin-based company to keep distributing Namenda until 30 days after its patent expires on July 11.

New York Attorney General Eric Schneiderman (SHNEYE’-dur-muhn) sought that court order. He alleged that antitrust and state law violations by Actavis pushed patients to its new patented drug Namenda XR to avoid losses from cheaper generics.

The court says the “hard switch” by Actavis “crosses the line from persuasion to coercion.”

Actavis says its new drug, taken once daily instead of twice, is better and demand is growing. The company declined to comment further about the court’s ruling.