Life Sciences

Delay in generic Wellbutrin release leads to possible class-action suit

Pharma Compliance Alert, May 14, 2008

Senior U.S. District Judge Bruce W. Kauffman granted class action status to an antitrust lawsuit against GlaxoSmithKline (GSK), according to an opinion released by the U.S. District Court for the Eastern District of Pennsylvania.
 
GSK is accused filing sham patent infringement lawsuits to keep generic forms of its antidepressant Wellbutrin from reaching the market. The company is also accused of making false statements to the U.S. Patent and Trademark Office.
 
Direct purchasers of Wellbutrin claim they paid unnecessarily high prices for Wellbutrin because no generic was available for almost two years after GSK’s patent expired. The direct purchasers bought the 100 mg and 150 mg versions of Wellbutrin directly from GSK between January 24, 2002, and June 30, 2006.
 
GSK isn’t the only company facing legal trouble relating to delayed generics. Abbott Laboratories and Solvay’s Fournier face similar allegations for their cholesterol medication TriCor. Eighteen states and the District of Columbia filed suit in March against the companies. In February, the Federal Trade Commission filed suit against Cephalon, claiming the company paid approximately $200 million to four generic companies to delay a generic drug’s entry into the market until 2012.

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