Wellbutrin XL Reverse Payment 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 end purchasers of Wellbutrin XL in their suit against Defendant GlaxoSmithKline for antitrust violations and unfair competition. Plaintiffs allege that GlaxoSmithKline (together with a defendant who previously settled—Valeant Pharmaceuticals) 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 GlaxoSmithKline settled its baseless patent infringement lawsuits by entering into anti-competitive reverse payment agreements that further delayed the arrival of generic Wellbutrin XL on the market. The district court initially certified a class of end purchasers. Four years later, in response to perceived changes in the law on “ascertainability,” the court decertified the Class. That decision, as well as others affecting all purchasers of Wellbutrin XL, is presently on appeal to the United States Court of Appeals for the Third Circuit.