Court: U.S. District Court
Location: Delaware
In January 2006, HBSS filed an antitrust lawsuit on behalf of pharmaceutical product wholesalers and pharmacies against pharmaceutical manufacturer AstraZeneca, alleging the company engaged in an anti-competitive scheme to suppress generic competition for the drug Toprol XL, an extended-release hypertension drug. HBSS is one of three firms leading the case on behalf of a proposed class of direct purchaser plaintiffs.
AstraZeneca's misconduct included instituting baseless patent infringement litigation against generic pharmaceutical manufacturer KV Pharmaceutical Company which, under the Hatch-Waxman Act, resulted in an automatic 30-month stay in the FDA's approval of KV's application to market a generic version of Toprol XL.
AstraZeneca moved to dismiss the complaint in June 2006. The motion remains under advisement and the case has been stayed.
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