Merck Agrees To Pay Millions To Settle Coppertone False Ad Class Suit

TRENTON, N.J. - Merck & Co. Inc., MSD Consumer Care Inc. and Merck Sharp & Dohme Corp. have agreed, via a settlement agreement filed in New Jersey federal court on Sept. 21, to stop using certain terms when labeling, promoting and advertising their Coppertone sunscreen products and pay between...

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...

Wisconsin Appeals Court Affirms $22M Drug-Pricing Judgment Against Pharmacia

MADISON, Wis. - A Wisconsin appeals court panel on Feb. 6 upheld a $22 million judgment against Pharmacia Corp. for reporting inflated average wholesale prices (AWPs) that resulted in the state Medicaid program overpaying for prescription drugs (State of Wisconsin v. Abbott Laboratories, et al., No....

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...

Bayer Combination Aspirin Refund Class OKd, But Judge Denies 1 Cy Pres Recipient

BROOKLYN, N.Y. - A New York federal judge on April 8 certified a $15 million refund class settlement for consumers who purchased Bayer Aspirin with Heart Advantage and Bayer Women's Low Dose Aspirin + Calcium but denied approval of a cy pres distribution of any unused funds to the American Association...

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...

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...

9th Circuit Revives Product Liability Claims Against Food Manufacturer

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Nov. 18 remanded a product liability action involving an allegedly deceptively marketed snack food product, agreeing that the plaintiff should be allowed to amend his class action complaint (Lee Cheramie v. HBB LLC, No. 12-55148, 9th Cir.; 2013...

Consumer Class Action Filed Against 23andMe For Genetic Test Kit Refunds

SAN DIEGO - A California resident on Nov. 27 filed a national class action lawsuit seeking refunds for what it says is a misleadingly advertised and unapproved at-home genetic testing kit called 23andMe (Lisa Casey, et al. v. 23andMe, INC., et al., No. 13-2847, S.D. Calif.).

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...

Juror May Not Be Struck Based On Sexual Orientation; New Antitrust Trial Ordered

SAN FRANCISCO - Equal protection prohibits peremptory strikes of potential jurors based on sexual orientation, the Ninth Circuit U.S. Court of Appeals ruled Jan. 21 in remanding for a new trial a case in which a federal jury in California found that Abbott Laboratories did not violate antitrust laws...