Antitrust Dispute

Significant breakthroughs in the pharmaceutical industry that result in commercial success are a rarity. One such advance was a multi-billion dollar a year product and had been one of the top-selling drugs in the world since its introduction. Success is often a double-edged sword and in 2006, the drug attracted the attention of a generic drug manufacturer who attempted to market a generic form notwithstanding patent protections. An effort to settle that dispute was rejected upon review by the Federal Trade Commission and Antitrust Division of the U.S. Justice Department. Notwithstanding that, the patent lawsuit went forward, various plaintiffs’ attorneys then filed suit against our client alleging that the failed settlement was an attempt to protect an illegal monopoly. We were retained as local counsel to defend the pharmaceutical company in this multi-case, antitrust litigation in the Southern District of Ohio. Working with national counsel, we successfully argued that no antitrust violation occurred, and the cases were dismissed.