Gleevec Generic Suppression Antitrust Litigation
Court: United States District Court, District of Massachusetts
United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund v. Novartis Pharmaceuticals Corp., Case No.: 15-cv-12732
Together with co-counsel, Wexler Boley & Elgersma LLP filed an antitrust class action against Novartis Pharmaceuticals Corp. and related entities (“Novartis”), alleging that Novartis engaged in patent gamesmanship and frivolous litigation in order to delay generic competition for its very expensive life-saving drug Gleevec. The complaint alleges that: Novartis obtained a follow-on patent through fraud; unlawfully listed the invalid follow-on patent in the FDA’s Orange Book; frivolously sued first-in-line generic manufacturer Sun Pharma for infringing that patent; and extracted from Sun—in the guise of settling the bogus infringement lawsuit—a promise not to launch its generic for seven months beyond the patent’s expiration date. Plaintiffs allege this conduct violates basic principles of antitrust law and foists high prices upon purchasers who would have otherwise been able to purchase less expensive generic medications.
To view a copy of the complaint, click here.