11th Circuit Upholds Reverse Payment Settlement Against FTC Challenge

ATLANTA - Reverse payment settlements between the holder of a drug patent and generic manufacturers of the drug did not constitute an unfair restraint on trade in violation of Section 5(a) of the Federal Trade Commission Act 15 U.S.C.S. §45 , the 11th Circuit U.S. Court of Appeals ruled April 25...

Sham Litigation Claims Against Wellbutrin XL Manufacturer, Distributor Fail

PHILADELPHIA - A federal judge in Pennsylvania on May 11 granted summary judgment to the producers and distributors of Wellbutrin XL on direct and indirect purchasers' claims that the defendants illegally conspired to prevent generic versions of the drug from entering the American market by filing...

3rd Circuit: Reverse-Payment Settlements Are Subject To Rule-Of-Reason Analysis

PHILADELPHIA - Settlements involving a reverse payment from a name-brand manufacturer to a generic challenger to delay the entry date for marketing a generic drug are subject to the rule-of-reason test and not the scope-of-the-patent test, the Third Circuit U.S. Court of Appeals ruled July 16, saying...

11th Circuit Will Not Reconsider Upholding Reverse Payment Settlements

ATLANTA - The 11th Circuit U.S. Court of Appeals on July 18 denied the Federal Trade Commission's petition for rehearing en banc of the court's April 25 ruling that reverse payment settlements between the holder of a drug patent and generic manufacturers of the drug did not constitute an unfair...

Sham Litigation Claims Against Biovail Are Settled; Case Against GSK Continues

PHILADELPHIA - Biovail Corp., the manufacturer of the prescription antidepressant drug Wellbutrin XL, reached a $37.5 million settlement on July 23 with direct purchasers who claimed that Biovail illegally conspired to prevent generic versions of the drug from entering the American market by filing sham...

3rd Circuit Will Not Stay Mandate In Reverse-Payment Settlements Case

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Aug. 17 denied drug makers' motion to stay the mandate pending the filing of a petition for a writ of certiorari in the U.S. Supreme Court in a case in which the appeals court ruled that settlements involving a reverse payment from a name...

Federal Judge Dismisses Sham Patent Litigation Claims In AndroGel Antitrust Case

ATLANTA - The federal judge in Georgia overseeing the multidistrict litigation in which direct and indirect purchasers allege that reverse settlement payments involving AndroGel violated antitrust laws ruled Sept. 28 that the brand-name drug company's underlying patent infringement lawsuit against...

District Court Judges Differ On Staying Reverse-Payment Cases

Federal judges in the U.S. District Court for the District of New Jersey on Oct. 23 divided over whether to grant pharmaceutical manufacturers' motions to stay cases involving reverse-payment settlements between holders of a drug patent and generic manufacturers of the those drugs pending the U.S...

GlaxoSmithKline, Third-Party Payers' Antitrust Settlement Is Approved

PHILADELPHIA - A federal judge in Pennsylvania on Jan. 14 granted preliminary approval to a $21.5 million cash settlement on third-party payers' (TPP) class claims that GlaxoSmithKline PLC (GSK) engaged in a fraudulent scheme to extend patent protection for antidepressant drug Wellbutrin SR (In re...

3rd Circuit: Drug Company That Licensed Distribution Lacks Antitrust Standing

PHILADELPHIA - A French pharmaceutical company that sold its product in the United States through an exclusive U.S. distributor did not suffer antitrust injury because it could not compete in the U.S. market without U.S. Food and Drug Administration approval to do so, the Third Circuit U.S. Court of...

Reverse-Payment Settlements Are Presumptively Anti-Competitive, FTC Argues

WASHINGTON, D.C. - The Federal Trade Commission told the U.S. Supreme Court in its opening merits brief on Jan. 22 that reverse-payment settlements of patent litigation between the holder of a drug patent and potential generic manufacturers of the drug are presumptively anti-competitive and unlawful...

Drug Companies Tell High Court That Reverse-Payment Settlements Are Lawful

WASHINGTON, D.C. - Several drug companies told the U.S. Supreme Court in their merits briefs on Feb. 21 that the court should analyze antitrust challenges to reverse-payment settlements of patent litigation between the holder of a drug patent and potential generic manufacturers of the drug under the...

Reverse-Payment Settlements Presumptively Anticompetitive, FTC Tells High Court

WASHINGTON, D.C. - The Federal Trade Commission told the U.S. Supreme Court in oral arguments on March 25 that the court should treat reverse-payment settlements of patent litigation between the holder of a drug patent and potential generic manufacturers of the drug as presumptively invalid (Federal...

Drug Purchasers Defeat Motion To Dismiss In Pay-For-Delay Antitrust Case

CHATTANOOGA, Tenn. - The federal judge in Tennessee overseeing multidistrict litigation involving claims that brand-name pharmaceutical company King Pharmaceuticals LLC and generic drug manufacturer Mutual Pharmaceutical Co. conspired to delay the entry of generic versions of Skelaxin into the market...

$150M Settlement Receives Final Approval In Flonase Sham Litigation Case

PHILADELPHIA - A federal judge in Pennsylvania on June 14 granted final approval to a $150 million cash settlement between Flonase manufacturer GlaxoSmithKline PLC (GSK) and a certified class of 33 direct purchasers on the direct purchasers' claims that GSK filed a series of sham citizen petitions...

High Court Remands Reverse-Payment Settlement Cases To 3rd Circuit

WASHINGTON, D.C. - The U.S. Supreme Court on June 24 vacated the judgment of the Third Circuit in antitrust litigation involving the drug K-Dur and remanded for further consideration in light of its recent ruling in Federal Trade Commission v. Actavis, Inc., et al., in which it held that reverse-payment...

Calif. Cipro Purchasers Seek Approval Of Settlement With Bayer Over Pay-For-Delay

SAN DIEGO - California purchasers of the antibiotic Cipro and third-party payers who reimbursed for California purchases of Cipro on July 11 asked a state court to grant preliminary approval to their $74 million cash settlement with Bayer Corp. and Bayer AG (collectively, Bayer) on claims that Bayer...

Reverse-Payment Settlement Case Remanded In Light Of Supreme Court Ruling

ATLANTA - Following the U.S. Supreme Court's ruling in June that reverse-payment settlements of patent litigation between the holder of a drug patent and potential generic manufacturers of the drug are subject to the rule of reason, the 11th Circuit U.S. Court of Appeals on Sept. 9 vacated and remanded...

Jury Awards $113M For Attempted Monopolization Of Safety Syringe Market

MARSHALL, Texas - A federal jury in Texas on Sept. 19 awarded Retractable Technologies Inc.(RTI) $133,508,014 in damages against Becton, Dickinson & Co. (BD) for attempted monopolization of the market for safety syringes through deceptive practices (Retractable Technologies, Inc., et al. v. Becton...

New Trial Sought After $113M Verdict In Attempted Monopolization Case

MARSHALL, Texas - Becton, Dickinson & Co. (BD) on Oct. 11 moved for judgment as a matter of law or, alternatively, a new trial following a federal jury in Texas' $133,508,014 damage award in favor of Retractable Technologies Inc.(RTI) on its claim of attempted monopolization of the market for...

Nexium End-Payers Granted Certification Of Damages Class, Not Injunctive Class

BOSTON - A federal judge in Massachusetts on Nov. 14 certified a damages class of end-payers that purchased or provided reimbursements for Nexium on the end-payers' antitrust and consumer protection claims contending that the manufacturer of the heartburn medication and generic drug manufacturers...

California Cipro Purchasers' Settlement With Bayer Over Pay-For-Delay Is Approved

SAN DIEGO - A judge in California on Nov. 15 granted final approval to a $74 million cash settlement between Bayer Corp. and Bayer AG (collectively, Bayer) and California purchasers of the antibiotic Cipro and third-party payers who reimbursed for California purchases of Cipro on claims that Bayer paid...

Nexium Direct Purchasers Granted Class Certification In Pay-For-Delay Suit

BOSTON - A federal judge in Massachusetts on Dec. 11 certified a nationwide class of direct purchasers of Nexium on their antitrust claims contending that the manufacturer of the heartburn medication and generic drug manufacturers entered into reverse-payment agreements to keep generic versions of the...