United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, et al. v. Novartis Pharmaceuticals Corp., et al.
Our attorneys defended a major pharmaceutical company in putative antitrust class actions alleging that defendants procured patent by fraud and engaged in sham patent litigation. The federal judge granted our client’s motion to dismiss a proposed class action alleging the company participated in an anti-competitive scheme to extend its monopoly on a leukemia drug. The judge concluded that end payors, including health plans and employee benefit funds, failed to plausibly allege that the company knowingly misrepresented facts to the US PTO to obtain a patent and then pursued objectively and subjectively baseless (i.e., “sham”) litigation to enforce it. The plaintiffs have taken an appeal to the First Circuit, which is pending.