Summary Judgment Denied in WXL
Today, Judge Mary A. McLaughlin of the Eastern District of Pennsylvania denied Defendants’ motions for summary judgment with respect to alleged anti-competitive agreements among the defendants. The court also approved a scheduling order for additional discovery and renewed motions for summary judgment following the K-Dur decision in the Third Circuit.
Plaintiffs allege that GSK and Biovail conspired to unlawfully delay generic competition for the blockbuster antidepressant, Wellbutrin XL. The certified class includes certain third-party payors and consumers which purchased Wellbutrin XL and/or its generic (once available) from November 14, 2005 to April 29, 2011 in six states: California, Florida, Nevada, New York, Tennessee, and Wisconsin. For more information about the Wellbutrin XL case, click here.