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Effexor XR Antitrust Litigation

Court: United States District Court, District of New Jersey
Case No: 11-cv-5590
Leadership Position: Plaintiffs’ Executive Committee

Wexler Wallace LLP, with co-counsel Branstetter Stranch & Jennings, PLLC, and Trujillo Rodriguez and Richards, LLC, filed a case against Wyeth, Inc. on behalf of Indirect Purchasers of the antidepressant Effexor XR. The plaintiffs allege that Wyeth fraudulently obtained a number of method of use patents for Effexor XR and engaged in sham litigation against 16 potential generic competitors in an effort to protect the Effexor XR monopoly.

As part of the scheme, plaintiffs also allege that Wyeth entered into an anticompetitive settlement with the first generic ANDA filer, Teva.  As a result of these actions, generic Effexor XR competition was delayed for more than two years.  For a copy of the consolidated complaint, click here.

The Effexor suit challenges the way Wyeth, in concert with Teva used patents for the drug Effexor XR to engage in an anticompetitive scheme to delay the entry of generic competition for more than two years.