Xyrem Sodium Oxybate Antitrust Litigation

Court: United States District Court, Northern District of California

In re: Xyrem (Sodium Oxybate) Antitrust Litigation, Case No. 20-md-02966-LHK

Leadership Position: Plaintiffs’ Steering Committee

Wexler Boley & Elgersma is representing multiple plaintiffs in an antitrust suit against drug manufacturer Jazz Pharmaceuticals, Inc., maker of the blockbuster narcolepsy drug Xyrem. Plaintiffs allege that Jazz priced its drugs at anticompetitive prices and engaged in an anticompetitive scheme to delay generic entry of Xyrem to the market, ensuring its monopoly on the drug. This alleged scheme includes acquiring bogus patents and attempting to enforce them with sham lawsuits, filing baseless citizen petitions with the FDA that had no chance of success, engaging in a series of unlawful market allocation agreements with generic competitors, and pursuing a plan to “product hop” to avoid generic substitution laws.