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In re Skelaxin (Metaxalone) Antitrust Litigation, MDL No. 2343 (E.D. Tenn.)

We represented direct purchasers of the brand name drug Skelaxin. This was an antitrust action arising out of Defendants’ unlawful exclusion of generic substitutes from the market for metaxalone, a prescription muscle relaxant marketed under the brand name Skelaxin.  Defendants illegally delayed generic entry by implementing an overarching anticompetitive scheme, including starting and prolonging baseless “sham” patent litigation against generic competitors; wrongfully listing those patents in the Food and Drug Administration’s (“FDA”) “Orange Book”; entering into an unlawful market allocation agreement pursuant to which a Defendant Mutual agreed not to launch a generic version of Skelaxin in exchange for payments by King that exceeded $200 million; and engaging in a campaign of filing meritless Citizen Petitions with the FDA to help thwart and delay other generic companies’ efforts to obtain FDA approval of generic versions of Skelaxin.  After defeating Defendants’ motions to dismiss and engaging in significant discovery, Plaintiffs’ counsel obtained a settlement of $73 million for the benefit of the class of direct purchasers.

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