September 06, 2018

Investors in Mylan NV fired back at what they called a scattershot motion to dismiss their amended claims about alleged anti-competitive behavior involving the drugmaker's EpiPen epinephrine auto-injector, saying their latest allegations are "well-pleaded and damning."

The Mylan investors said Wednesday that in response to deficiencies a New York federal judge found in their first amended complaint last March, their latest complaint alleges newly discovered facts about the drugmaker's offering of massive rebates on EpiPens that were expressly contingent on the exclusion of a competitor's products.

Mylan's August response that the second amended complaint puts forth "various unrelated forms of alleged anti-competitive activity and regulatory investigation" does not detract from the suit's specific allegations of wrongdoing, the investors said.

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The investors are represented by Jeremy A. Lieberman and Austin P. Van of Pomerantz LLP, Steven J. Toll, Daniel S. Sommers, and Laura Posner of Cohen Milstein Sellers & Toll PLLC and Jacob Sabo of the Law Office of Jacob Sabo.

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