Case Number: No. 3:11-cv-05479

Practice Area: Antitrust

Case Status: Pending

Court: United States District Court for the District of New Jersey

Berger Montague represents a class of persons and 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. The plaintiffs seek to recover overcharge damages incurred by the proposed class due to the conduct of the defendants Wyeth and Teva that delayed market entry of less-expensive generic versions of Effexor XR (generic name: extended-release venlafaxine hydrochloride). The case is pending in the United States District Court for the District of New Jersey and captioned In re Effexor XR Antitrust Litigation, No. 3:11-cv-05479 (D.N.J.).

The plaintiffs allege that 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. The plaintiffs further allege that Wyeth and its would-be generic competitor, Teva, violated Sections 1 and 2 of the Sherman Act by entering into an anticompetitive reverse payment settlement agreement. As part of that agreement, the 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, it is alleged that Teva agreed to delay entry of its generic product for over two years. As a result, the plaintiffs allege that direct purchasers were deprived of the opportunity to purchase lower-cost generic Effexor XR and were overcharged.

The motion to dismiss was ultimately denied following an appeal to the United States Court of Appeals for the Third Circuit, and the litigation is continuing.

If you or your company has been harmed by anticompetitive conduct or any conduct that you believe violates the antitrust laws, please contact Berger Montague.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.

Practice Area

schedule a free consultation

"*" indicates required fields

By clicking SUBMIT you agree to our Terms of Use and Privacy Policy and you are providing express consent to receive communications from Berger Montague via calls, emails, and/or text messages.

On the Cutting Edge of the Profession

Legal Intelligencer