Farag et al v. Health Care Service Corporation, d/b/a Blue Cross Blue Shield of Illinois et al
The firm represented a pharmaceutical manufacturer in an antitrust matter where a patient who was prescribed Diovan and his wife sued his health insurance carrier in Illinois State court for refusing to pay for Diovan once generic valsartan was introduced, claiming that the generic version caused him to suffer side effects that the branded product had not. After preliminary litigation, plaintiffs amended the complaint to include claims against our client, asserting that the company committed fraud on the patent office (a “Walker Process” claim) and other claims. We removed the case to the Northern District of Illinois and moved to dismiss. The Court dismissed all claims against Novartis with prejudice and remanded the state law claims against the health insurer to state court.