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In re Metoprolol Succinate Direct Purchaser Antitrust Litigation (Toprol), Civil Action No. 06-52 GMS (D. Del.)

We represented direct purchasers of the brand name drug Toprol. These purchasers were prevented from purchasing less expensive versions of Toprol because of a scheme by Defendant AstraZeneca to delay generic competition. The scheme featured the commission of fraud by Defendant on the U.S. Patent and Trademark Office (PTO) in order to improperly obtain a patent it then used to delay the introduction of generic versions of Toprol. After defeating Defendant’s motion to dismiss and engaging in discovery regarding the generics’ ability to obtain FDA approval and launch generic versions of Toprol, the court approved a $20 million settlement of the litigation.

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