MSP Recovery Claims, Series LLC v. Actelion Pharmaceuticals US, Inc.

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 MSP RECOVERY CLAIMS, SERIES LLC, Case No. 22-cv-07604-JSC et al., 6 Plaintiffs, ORDER RE: MOTION TO DISMISS 7 v. Re: Dkt. No. 43

ACTELION PHARMACEUTICALS US,

INC., et al., Defendants. 10 11 This lawsuit concerns an alleged scheme to raise prices for defendant Actelion Pharmaceuticals’ pulmonary hypertension drugs. Plaintiffs are a series of entities (collectively, “MSP entities”). Plaintiffs buy “claims” from insurers that participate in the Medicare system and attempt to collect on those claims through various legal means. Here, Plaintiffs allege Defendants violated the Racketeering Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1962, 1964, along with various state laws. Defendant Actelion moves to dismiss. After carefully reviewing the voluminous briefing in this matter and conducting oral argument on August 3, 2023, the Court GRANTS Actelion’s motion to dismiss with leave to amend in part. Plaintiffs have not plausibly alleged their receipt of valid…