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Wellbutrin XL Antitrust Litigation

Court: United States District Court, Eastern District of Pennsylvania
Case No.:
08-cv-02433
Leadership Position: Co-Lead Class Counsel

Wexler Wallace is co-lead counsel for the indirect purchasers of Wellbutrin XL in their suit against Defendants Biovail and GlaxoSmithKline for antitrust violations and unfair competition.  Plaintiffs allege that Biovail and GlaxoSmithKline filed sham patent infringement lawsuits against makers of generic versions of Wellbutrin XL and filed a sham citizen petition with the FDA in order to keep generic versions of the medicine off the market.  Plaintiffs further allege that Defendants settled their baseless patent infringement lawsuits by entering into anti-competitive agreements that further delayed the arrival of generic Wellbutrin XL on the market.

Generic versions of brand drugs typically cost at least 30 percent less than their brand counterparts when there is a single generic competitor and as much as 80 percent less when there are multiple generic competitors on the market.  Plaintiffs allege that Defendants’ actions in delaying generic competition caused them to pay more for Wellbutrin XL than they would have had generic versions of the drug come onto the market earlier.

To learn more about the case and view the Complaint, click here.