In re: Niaspan Antitrust Litigation — Court partly grants motion to exclude John R. Thomas’s proposed testimony

Disposition Notice

On October 30, 2026, Judge Timothy J. Savage of the U.S. District Court for the Eastern District of Pennsylvania granted in part and denied in part the defendants' motion to exclude the opinions and proposed testimony of John R. Thomas (Doc. No. 791) in In re: Niaspan Antitrust Litigation, No. 13-MD-2460. The order followed consideration of the motion, the plaintiffs' response, the defendants' reply, and oral argument. Thomas may not testify or opine on the application of antitrust law and/or patent law to the facts of the case, including that the defendants violated either body of law. He also may not testify or opine that competitors in the pharmaceutical industry who "choose to bypass or subvert the legislative framework" potentially engage in strategic behavior defying the Hatch-Waxman Act's policy goals. The one-page order does not identify which portions of the motion were denied or provide further reasoning.