New opinion — Third Circuit upholds rejection of Wellbutrin antitrust claims

In re: Wellbutrin XL Antitrust Litig. — civil — affirmance — Jordan

Today, the Third Circuit upheld a district court’s grant of summary judgment against plaintiffs who alleged that a pharmaceutical giant GlaxoSmithKline violated antitrust law in two ways:

First, the Appellants claim that GSK delayed the launch of generic versions of Wellbutrin XL by supporting baseless patent infringement suits and a baseless FDA Citizen Petition aimed at generic drug companies. Second, they claim that GSK delayed the launch of those generic drugs by entering into an unlawful reverse payment settlement agreement with its potential competitors.

In a lengthy and record-intensive opinion, the court held for GSK on both points.

Joining Jordan were Vanaskie and Nygaard. Arguing counsel were former Third Circuit clerk Peter St. Phillip Jr. of New York for one group of appellants; David Sorensen of Berger & Mongague and Thomas Sobol of Massachusetts for another group of appellants; and Leslie John and Stephen Kastenberg of Ballard Spahr for GSK.