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...

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...

4th Circuit Panel Remands Architectural Copyright Case To Virginia Federal Court

RICHMOND, Va. - The Fourth U.S. Circuit Court of Appeals on Nov. 8 overturned summary judgment for the defendants in an action involving alleged copyright violations of building plans, ruling that the trial court erred in its decision regarding the design of a newly constructed home ( Charles Ross Homes...

FTC, Drug Company, States Agree That Review Of Reverse Settlements Is Warranted

WASHINGTON, D.C. - Watson Pharmaceuticals Inc. agrees in its Nov. 13 response to the Federal Trade Commission's petition for a writ of certiorari that the U.S. Supreme Court should consider whether reverse-payment settlements of patent litigation between the holder of a drug patent and generic manufacturers...

Merck Urges High Court To Grant Review In 2 Reverse-Settlement Cases

WASHINGTON, D.C. - Merck & Co. Inc. on Nov. 20 urged the U.S. Supreme Court to grant review of both its challenge to a Third Circuit U.S. Court of Appeals ruling and the Federal Trade Commission's challenge to an 11th Circuit U.S. Court of Appeals ruling in Federal Trade Commission v. Watson...

High Court Will Consider Whether Reverse-Payment Settlements Are Anti-Competitive

WASHINGTON, D.C. - The Supreme Court today granted the Federal Trade Commission's petition for a writ of certiorari seeking consideration of whether reverse-payment settlements of patent litigation between the holder of a drug patent and generic manufacturers of the drug violate federal antitrust...

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...

D.C. Circuit Affirms FDA's Exclusivity Ruling In Seroquel Case

WASHINGTON, D.C. - A District of Columbia federal judge did not err in granting the Food and Drug Administration summary judgment on allegations that the agency improperly denied the makers of the brand name drug Seroquel an extended period of exclusivity, the District of Columbia U.S. Circuit Court...

Federal Circuit Affirms Denial Of Injunction In Patent Infringement Action

WASHINGTON, D.C. - A federal appeals court on May 10 affirmed a trial court's decision that refused to grant a pharmaceutical company's request for an anti-suit injunction, finding that the issues in an international arbitration and a U.S. patent infringement action were not the same (Sanofi...

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...

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...