Court: United States District Court for the Eastern District of Pennsylvania
Case No.:
2:04-CV-05898-LS

Wexler Wallace represents the United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, one of several third-party payors to file suits in the Eastern District of Pennsylvania against GlaxoSmithKline (“GSK”) for violations of state antitrust laws and unfair competition.  Plaintiffs allege that GSK filed baseless patent infringement actions against makers of generic versions of Wellbutrin SR in order to extend its market exclusivity for Wellbutrin SR and Zyban, medications commonly used to treat depression and to help individuals to quit smoking.

Plaintiffs claim that GSK’s actions caused consumers and third-party payors to pay more for Wellbutrin SR than they would have if less expensive generic versions of the drug had entered the market earlier.  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. To learn more about the case and view the most recent Complaint, click here.

Status

The district court denied Defendants’ motions to dismiss and for summary judgment.  It also denied Plaintiffs’ motion for class certification for failure to carve out from the Class definition certain consumers who the court believed were not susceptible to class wide proof.  While Plaintiffs’ renewed motion for class certification was pending, the parties reached a settlement on behalf of all third party payors. Final approval of the settlement was granted in June 2013.  The deadline for filing a claim has passed.  More information can be found here: https://wellbutrintppsettlement.com/