We represent direct purchasers of the brand name drug Wellbutrin XL. We allege that the Defendants, brand name manufacturers GSK and Biovail, conspired to delay generic competition through various means, including (1) the filing of baseless (“sham”) patent litigation against generic manufacturers; (2) the filing of a sham Citizen Petition with the FDA; and (3) making a large payment to generic manufacturers in exchange for their agreement to delay entering the market (known as a “reverse payment”). The purpose and effect of this conduct was to inflate the cost of prescription drugs for direct purchasers and consumers.
The district court certified a class of direct purchasers of Wellbutrin XL. After significant discovery, the district court granted summary judgment for Defendants regarding the sham litigation and sham Citizen Petition allegations. However, the district court allowed the litigation regarding the reverse payment allegations to continue. Shortly thereafter, Plaintiffs settled their claims against Defendant Biovail for $37.5 million. The claims against Defendant GSK continue to be litigated.