Generic Drug Manufacturing • Sherman Act • Lanham Act • Anticompetitive Deception • Delayed Entry into Market
In re Suboxone Antitrust Litig., PICS Case No. (E.D. Pa. Jan. 4, 2017) Goldberg, J. (25 pages).
Drug manufacturer filed a partial motion to dismiss a class-action suit alleging anticompetitive conduct, monopolization and false advertising that negatively affected competition. Court found that manufacturer’s conduct during the SSRS process could be considered as one aspect of an overarching scheme which discovery could support and that discovered documents did not support the dismissal of the citizen petition claim at the current stage of the litigation but did dismiss the Lanham act claims for failure to specify the particular statements that constituted false advertising. Motion granted in part and denied in part.
