Retrophin, Inc. v. Questcor Pharmaceuticals, Inc.
Opinion
Lead Opinion
Staton, J.
ORDER DENYING MOTION TO DISMISS (Doc. 21)
I. INTRODUCTION
Before the Court is Defendant Questcor Pharmaceuticals, Ine.’s Motion to Dismiss. (Mot., Doc. 21.) Plaintiff Retrophin, Inc. opposed, and Questcor replied. (Opp’n, Doc. 25; Reply, Doc. 26.) Having considered the parties’ briefing, heard oral argument, and taken the matter under submission, the Court DENIES Questcor’s Motion.
II. BACKGROUND
When ruling on a motion to dismiss, the Court accepts as true the factual allegations in the complaint. Hemi Grp., LLC v. City of New York, 559 U.S. 1 , 130 S.Ct. 983, 986-87 , 175 L.Ed.2d 943 (2010). Retrophin is a biopharmaceutical company. (Compl. ¶ 11, Doc. 1.) Questcor is the sole provider in the United States of approved therapeutic preparations of adrenocorticotropic hormone (“ACTH”), a drug used to treat certain life threatening and often fatal diseases. (Id. ¶ 1.) Questcor’s ACTH drug is sold under the brand name H.P. Acthar Gel (“Acthar”). (Id.)
A. Acthar and Relevant Markets
Acthar is the only long-acting ACTH therapeutic drug approved by the Food and Drug Administration for use in the United States. (Id. ¶ 3.) It is the most effective and dominant first-line of treatment…