Texas et al. v. Organon (Remeron), No. 04-5126 (D.N.J. 2004)
Plaintiff states settled with drug maker Organon USA, Inc. and its parent company, Akzo Nobel N.V., resolving antitrust claims involving the antidepressant drug Remeron between June 2001 and October 2004. The states’ complaint alleged that Organon unlawfully extended its monopoly by improperly listing a new “combination therapy” patent with the U.S. Federal Drug Administration. In addition, the complaint alleged that Organon delayed listing the patent with the FDA in another effort to delay the availability of lower-cost generic substitutes. The $26 million settlement resolved claims brought by state attorneys general, as well as a private class action brought on behalf of a class of end payors. Organon also agreed to make timely listings of patents and to submit accurate and truthful information to the FDA.
New York v. Tele-Communications Inc., 1993 WL 527984 (S.D.N.Y. Sept. 14, 1993), 1993-2 Trade Cases P 70, 404
Defendant cable system operators, subsidiaries and a satellite cable supplier formed a monopoly in restraint of trade in the delivery of multichannel subscription television programming.
In the Matter of GlaxoSmithKline, PLC (Augmentin)
States alleged that GlaxoSmithKline fraudulently obtained patent protection for Augmentin and then delayed generic entry through sham patent litigation. Through this conduct, GlaxoSmithKline unlawfully maintained its monopoly over Augmentin. A $3.5 million multistate settlement for state proprietary claims was entered into by the participating states and GlaxoSmithKline.
In Re Relafen Antitrust Litigation
States sued manufacturer of antidepressant Relafen, alleging patent misuse and sham litigation designed to prevent generic entry. Parties settled the state proprietary claims for $10 million.
Maryland v. SmithKline Beecham Corp., No. 2:06-cv-01298-JP (E.D.Pa Mar. 27, 2006)
States sued manufacturer of antitdepressant Paxil, alleging patent misuse and sham litigation designed to prevent generic entry. Parties settled for $14 million.
Texas v. Zeneca, 1997 U.S. Dist. LEXIS 13153 (N.D. Tex. 1997)
States sought an injunction and monetary damages from Zeneca, Inc. (Zeneca), alleging that the company conspired with distributors of its crop protection chemicals to maintain the resale price of the chemicals.
In re Clozapine Antitrust Litigation, MDL No. 874 (N.D. Ill. 1991)
Plaintiff States sought monetary damages and injunctive relief against Sandoz Pharmaceuticals Corporation (Sandoz), alleging the company unlawfully required those who purchased its drug, Clozapine, to also purchase distribution and patient monitoring services from Sandoz.
In Re: Insurance Antitrust Litigation, 938 F.2d 919, 1991-1 Trade Cases (CCH) & 69,460
Plaintiff States sought damages and injunctive relief, alleging that Defendant reinsurers, brokers and trade organizations conspired to reduce the availability to public entities of commercial general liability insurance during the mid-1980s.
In re Compact Disc Minimum Advertised Price Antitrust Litigation MDL No. 1361 (D. Me. 2002) MDL-1391; No. 00-CIV-5853 (BSJ) (S.D.N.Y Aug. 8, 2000) (complaint)
Plaintiff States sought damages and injunctive relief, alleging that Defendant CD distributors unlawfully conspired to implement stringent minimum advertised price (MAP) policies in violation of antitrust laws.
In re: Buspirone Antitrust Litigation,Case No. 01 CV 11401, MDL 1410, MDL 1413 (S .D.N.Y.) (see also Ohio v. Bristol Myers Squibb
Plaintiff States sought damages and injunctive relief, alleging that Bristol-Myers Squibb Co. (BMS) attempted to maintain an unlawful monopoly on buspirone hydrochloride, a medication used to treat generalized anxiety. In settling, BMS agreed to a stipulated injunction and to reimburse consumers and state and local public entities for overcharges. In 2008, plaintiff states sued BMS for failing to report accurately to the states, pursuant to the settlement, a patent arrangement involving the drug Plavix. The company pleaded guilty to lying to the FTC and the states recovered $1.1 million in fines.
