LexisNexis® Legal Newsroom
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...

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...

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...

$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...

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...