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In re Prandin Direct Purchaser Antitrust Litigation, 2:10-cv-12141-AC-DAS (E.D. Mich.)

We represented direct purchasers of the brand name drug Prandin, who were prevented from purchasing less expensive generic versions of Prandin because of a scheme to delay generic competition by the manufacturer of Prandin. This scheme featured the manipulation of the “use code” for Prandin in the FDA’s Orange Book, which, Plaintiffs alleged, had the purpose and effect of delaying the generics’ ability to obtain FDA approval to compete with Prandin.

After briefing Defendant’s motion to dismiss, and after discovery regarding the generics’ ability to obtain FDA approval and launch generic versions of Prandin, the litigation was settled for $19 million. The district court approved the settlement.

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