In a recently unsealed opinion, a court in the District of New Jersey has declined to certify a direct-purchaser class in In re Lamictal ("Lamictal") on numerosity grounds. It joins the growing number of courts in recent...more
In a recent decision denying the defendant’s motion to dismiss, Judge Mitchell Goldberg of the Eastern District of Pennsylvania allowed the manufacturer of a generic version of Suboxone to proceed upon an interesting theory...more
1/10/2017
/ Abbreviated New Drug Application (ANDA) ,
Anti-Competitive ,
Antitrust Litigation ,
Class Action ,
Corporate Counsel ,
Food and Drug Administration (FDA) ,
Generic Drugs ,
Monopolization ,
Pharmaceutical Industry ,
Prescription Drugs ,
Product Hopping ,
REMS ,
Sherman Act
It has been over three years since the Supreme Court’s Actavis decision. Since then, numerous putative class actions alleging harm to competition as a result of “reverse-payment” settlements have flooded the courts. The...more
11/10/2016
/ Abbreviated New Drug Application (ANDA) ,
Actavis Inc. ,
Anti-Competitive ,
Antitrust Violations ,
Appeals ,
AstraZeneca ,
Class Action ,
Exclusivity ,
Generic Drugs ,
Hatch-Waxman ,
Nexium ,
Patents ,
Reverse Payment Settlement Agreements ,
Summary Judgment ,
Teva Pharmaceuticals
It is not every day that antitrust plaintiff classes fail to win certification due to lack of numerosity under Federal Rule of Civil Procedure 23(a)(1). Yet this week, absence of numerosity was the reason a Third Circuit...more
Drug company Turing Pharmaceuticals made headlines recently when it reportedly raised the price of Daraprim, used commonly by AIDS patients to fight life-threatening infections, from $13.50 to $750 per tablet. Amidst...more
10/19/2015
/ Anti-Competitive ,
Attorney General ,
Duty to Deal ,
Federal Trade Commission (FTC) ,
Generic Drugs ,
Monopolization ,
Mylan Pharmaceuticals ,
Patent Litigation ,
Pharmaceutical Distribution ,
Pharmaceutical Industry ,
Popular ,
Retailers ,
Reverse Payment Settlement Agreements ,
SCOTUS ,
Wholesale
Portions of a reverse payment suit against Endo Pharmaceuticals and others were recently dismissed by Judge William H. Orrick of the Northern District of California. The case was brought by plaintiffs who allege that a...more
7/24/2015
/ Antitrust Litigation ,
Assignments ,
Endo Pharmaceuticals ,
Generic Drugs ,
Indirect Purchasers ,
Patents ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Settlement Agreements ,
Standing ,
The Clayton Act ,
Wholesale
As reported previously, the first post-Actavis jury verdict in a “reverse payment” antitrust case handed a win to the defendants. Now, plaintiffs in In re: Nexium (Esomeprazole) Antitrust Litigation have moved for a new...more
1/9/2015
/ Antitrust Litigation ,
AstraZeneca ,
Generic Drugs ,
Nexium ,
Patents ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
RanBaxy ,
Reverse Payment Settlement Agreements ,
Teva Pharmaceuticals
The Federal Trade Commission staff recently issued a report detailing the number of “potential pay-for-delay settlements” that took place in fiscal year 2013. The FTC is a staunch opponent of so-called “pay-for-delay”—also...more