Lawsuit Dismissed Over Burning Fans, But Plaintiff Has Leave To File Again

PHILADELPHIA - Saying the plaintiff failed to marshal sufficient facts to support her consumer fraud claims, a Pennsylvania federal judge dismissed a putative class action over flaming box fans on April 10, but granted the plaintiff leave to refile ( Deborah Osness, individually and on behalf of all...

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...

Federal Judge Rules Failure To Test Pipe Dooms Class Action

ST. PAUL, Minn. - A Minnesota federal judge has dismissed a putative consumer fraud class action alleging that defective home plumbing leached lead into drinking water, saying Aug. 14 that although the company had engaged in a "bait and switch" regarding pipe it submitted for testing, the plaintiffs...

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...

Class Is Certified In Blood Reagents Price- Fixing Litigation

PHILADELPHIA - A federal judge in Pennsylvania on Aug. 22 certified a class of direct purchasers of blood reagents on their claims that producers of blood reagents conspired to raise prices and allocate customers in violation of federal antitrust laws ( In re: Blood Reagents Antitrust Litigation , MDL...

MDL Judge Won't Allow Texas To Intervene In Budeprion XL Settlement

PHILADELPHIA - The Pennsylvania federal judge overseeing the budeprion XL multidistrict litigation on Sept. 20 denied a motion by the Texas attorney general to intervene in an approved class settlement of litigation involving the generic version of Wellbutrin XL antidepressant ( In Re: Budeprion XL Marketing...

High Court Review Of 3rd Circuit's Antitrust Standing Rule Is Denied

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 1 denied a pharmaceutical drug developer's petition seeking review of a Third Circuit U.S. Court of Appeals ruling that the developer did not have antitrust standing to sue pharmaceutical marketers for entering into an anti-competitive agreement ...

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...

Attorney Claims Asbestos Firm Failed In Duty As Self-Insured Malpractice Carrier

SAN FRANCISCO - In a complaint filed July 1, an attorney claims that asbestos plaintiffs' law firm's conduct and errors resulted in legal malpractice claims against him and that the firm violated the California's unfair competition law (UCL) by failing to properly defend him from the charges...

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...

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...