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Pharmaceuticals

Zytiga Box and Bottle

Patents are a tricky topic. They take years to acquire; they expire eventually; and even after they are acquired, they can be declared invalid. The last two points are the concern of this class action against Janssen Biotech, Inc., two other Janssen companies, and partner BTG International Limited. The complaint argues that when the patent on their very lucrative drug Zytiga expired, the companies kept generic competitors at bay with an invalid patent, thus requiring consumers and insurers to pay more for the drug than they would have if generics had been allowed on the market.

Two Pills on Counter with Prescription Bottles Behind

When the patents for drugs expires, competitor companies may create biosimilars or generics. Biosimilars and generics are supposed to be the equal of brand-name drugs. The FDA says, “All generic drugs approved by FDA have the same high quality, strength, purity, and stability as brand-name drugs.” However, the complaint for this class action alleges that Torrent Pharma, Inc. sold contaminated generics to consumers. The medication at issue is losartan and combinations containing losartan. 

Box and Bottle for Zytiga

This class action presents a familiar story: a group of pharmaceutical companies—Janssen Biotech, Inc., Janssen Oncology, Inc., Janssen Research & Development, LLC, and BTG International Limited—unfairly prevented generics of a profitable drug  (Zytiga) from entering the market, thus costing consumers and health insurers more than they should have paid. However, at issue here are not payoffs and illicit agreements but patents and their validity.

Box of Humira

This is another antitrust class action against AbbVie and other companies, filed just ten days after the first, for anticompetitive behavior in relation to AbbVie’s drug Humira. The complaint alleges that AbbVie tried to maintain its monopoly on the drug by making illegal arrangements with companies that might have brought out biosimilars, thereby keeping the price of the drug artificially high.

Prescription Bottles and Pills

A massive pharmaceutical case is building in the federal court system involving the drugs Dexilant, Nexium, Prevacid, Prilosec, and Protonix. Although the master complaint does not seem to be available at the moment, some clues are evident from a First Amended Short Form Complaint in one of the many cases joining this action.

Aurobindo Drug Facility

A number of cases have already been brought on the same allegations as this one: that lots of a drug called valsartan were sold in the US despite being contaminated with a substance called NDEA. The complaint in this case brings suit against Aurobindo Pharma USA, Inc. and Aurobindo Pharma Ltd., a maker of the drug located in India. 

AmerisourceBergen Warehouse

The allegations made in this complaint are startling: that companies paid doctors to misdiagnose patients “for the purpose of increasing sales” of the companies’ expensive immunoglobulin (IVIG) to increase their profits. The companies are a related group: I.g.G. of America, Inc. and IHS Acquisition XXX, Inc. are units of US Bioservices Corporation, which itself is a unit of AmerisourceBergen Corporation. The four together call themselves AmerisourceBergen Specialty Group. 

Box for Humira and Humira Pen

Humira is the best-selling drug in the US, which means significant profits for its makers AbbVie, Inc. and AbbVie Biotechnology, Ltd. The complaint for this class action alleges that the companies sought to keep their monopoly on the drug by unfair methods, even after its patent has expired, by bogus patents and deals with would-be competitors. The complaint brings suit under the Sherman Act, and under state laws forbidding pay-for-delay agreements, monopolization, and unfair conduct.

Word "Recall" in Foreground with Hospital Hallway in Background

Valsartan is used to treat high blood pressure and congestive heart failure. A number of drug makers offer generic versions of the drug, but the complaint for this class action alleges that some recent lots have been contaminated. It brings suit against Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Major Pharmaceuticals, Zhejiang Huahai Pharmaceuticals, Ltd. (ZHP), Huahai U.S., Inc., and Rite Aid Corporation.

Package for Mylan Valsartan

When American companies make generic prescription drugs, they may use active pharmaceutical ingredients (APIs) manufactured overseas, where standards may be lower. The complaint for this class action alleges that Mylan Pharmaceuticals, Mylan NV, and Rite Aid Corporation sold medicines containing valsartan contaminated with N-nitrosodiethylamine (NDEA).

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