Motions To Exclude Experts Denied In Sham Litigation Cases

PHILADELPHIA - Experts proffered to opine on whether a reasonable petitioner could realistically expect a citizen petition to succeed on its merits and on causation will be allowed to testify, a federal judge in Pennsylvania ruled July 23 in lawsuits brought by purchasers of Flonase and a manufacturer of a generic version of Flonase who claim that GlaxoSmithKline PLC (GSK) filed a series of sham citizen petitions with the Food and Drug Administration to delay the entry of a generic version of Flonase into the market in violation of Section 2 of the Sherman Act, 15 U.S.C.S. § 1 et seq., (In re Flonase Antitrust Litigation (American Sales Co., Inc. v. SmithKline Beecham Corp., No. 08-3149 (direct); IBEW-NECA Local 505 Health & Welfare Plan v. SmithKlineBeecham Corp., No. 08-3301 (indirect); Roxane Laboratories, Inc. v. SmithKlineBeecham Corp., No. 09-1638), E.D. Pa.). Related prior history, 2012 U.S. Dist. LEXIS 91155.

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