Global law firm White & Case secured a complete victory for Par Pharmaceutical Companies, Inc. and Paddock Laboratories, Inc. when the United States District Court for the Northern District of Georgia granted final summary judgment and dismissed the final set of antitrust claims brought by putative class-action purchasers of AndroGel®, a testosterone replacement drug. The purchasers had claimed that the pharmaceutical company defendants had violated the antitrust laws by initiating, then settling, sham patent infringement litigation in order to delay the entry of generic competition to AndroGel®.
In an interview with the Global Competition Review, White & Case partner Eric Grannon, who successfully argued the motion for summary judgment for Par and Paddock, spoke to the case strategy and observed, "The class action bar now routinely adds sham litigation claims to reverse payment challenges. This victory shows how defendants can use the high legal standard in a muscular way to defeat boilerplate claims of sham."
Earlier, the court had dismissed the purchasers' claims that the settlement was anticompetitive in itself.
"This case is a cautionary tale for those who would bring antitrust class action suits against patent-shortening settlements, particularly court-approved ones," said J. Mark Gidley, who also represented Par and Paddock, and chairs White & Case's Global Antitrust Practice.
In addition to Grannon and Gidley, Par and Paddock also were represented by Meytal McCoy, Mika Ikeda, and Nicolle Kownacki of the Firm's Washington, DC office.
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