Case Number: No. 12-CV-00995

Practice Area: Antitrust

Case Status: Pending

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

Berger Montague represents plaintiffs who purchased the prescription drug Lamictal or generic Lamictal in antitrust litigation pending in the United States District Court for the District of New Jersey.

Led by David F. Sorensen and Caitlin G. Coslett, the plaintiffs allege that SmithKline Beecham Corporation d/b/a GlaxoSmithKline (“GSK”), entered into an anticompetitive reverse payment with would-be generic competitor Teva Pharmaceutical Industries Ltd. (“Teva Ltd.”) and its subsidiary Teva Pharmaceuticals USA, Inc. (“Teva USA”) (jointly, “Teva”), whereby GSK paid Teva to stay out of the market for Lamictal until July 2008, and whereby GSK agreed not to launch an authorized generic Lamictal until January 2009, causing substantial delay in generic entry. The plaintiffs allege that as a result of the defendants’ conduct, the plaintiffs paid supra-competitive prices for brand and generic Lamictal.

On June 15, 2015, the United States Court of Appeals for the Third Circuit reversed the district court’s granting of a motion to dismiss under FTC v. Actavis, 133 S.Ct. 2223, 186 L.Ed.2d 343 (2013). See King Drug Co. of Florence, Inc v. Smithkline Beecham Corp., 791 F.3d 388 (3d Cir. 2015). The Third Circuit found that a reverse payment is not limited to a cash payment and a brand drug company’s agreement not to launch an authorized generic version of the branded drug for a period of time can qualify as a potentially unlawful reverse payment from the patent holder to the alleged infringer.

The district court denied the plaintiffs’ motion for class certification in 2022, but former putative class members subsequently filed claims against the defendants in this action, which is now proceeding as a joinder action in the United States District Court for the District of New Jersey.

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.

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