Cases & Investigations

Effexor XR Antitrust Lawsuit

PRACTICE AREAS: Antitrust
PRODUCT: Prescription anti-depressant drug Effexor XR
CASE STATUS: Pending

Berger & Montague P.C. represents a class of persons or entities that purchased brand or generic Effexor XR directly from Wyeth, Inc. or Teva Pharmaceuticals USA, Inc. in a case alleging unlawful efforts to delay generic entry.

Plaintiffs seek to recover overcharge damages incurred by the proposed class due to the conduct of defendants Wyeth and Teva that delayed market entry of less-expensive generic versions of Effexor XR (generic name: extended-release venlafaxine hydrochloride).

Plaintiffs allege that (i) Wyeth violated Section 2 of the Sherman Act by (among other things) procuring through fraud patents ostensibly covering Effexor XR, and using those patents to prosecute sham patent infringement litigation against generic drug companies applying for FDA approval to market competing generic versions of Effexor XR, in a bid to delay generic entry; and (ii) Wyeth and its would-be generic competitor, Teva, violated Sections 1 and 2 of the Act by entering into an anticompetitive reverse payment settlement agreement. As part of that agreement, Plaintiffs allege that Wyeth paid Teva the equivalent of over $500 million by agreeing not to launch an authorized generic version of Effexor XR during at least the 180-day period that Teva was allowed by law to be the sole generic drug maker on the market. In exchange, Teva agreed to delay entry of its generic product for over two years. As a result, Plaintiffs allege that direct purchasers were deprived of the opportunity to purchase lower-cost generic versions of Effexor XR and were overcharged.

LEAD ATTORNEYS: David F. Sorensen, Caitlin G. Coslett, Richard D. Schwartz

Lead Attorneys

David Sorensen Headshot

David F. Sorensen

Managing Shareholder
Caitlin Coslett Headshot

Caitlin G. Coslett

Shareholder

Associates

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