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Glumetza Antitrust Litigation

Glumetza Antitrust Litigation

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Block & Leviton has filed an antitrust lawsuit on behalf of a proposed class of consumers and third party payors who purchased, paid for, and/or reimbursed for brand or generic versions of Glumetza sold by defendants. Glumetza, an extended release version of metformin, is a drug used to treat Type 2 diabetes. When would-be manufacturers of generic versions of Glumetza sought approval from the U.S. Food and Drug Administration for their proposed products, the brand manufacturer (Depomed, now known as Assertio) and its marketing partner (Santarus, now part of Bausch Health) sued the generic companies for patent infringement. In February 2012, just before the first generic manufacturer (Lupin) could have brought its product to market, it reached a settlement with Assertio and Santarus. Under the terms of this settlement, Lupin agreed not to bring a generic product to market until February 2016, in exchange for, among other consideration, Assertio’s and Santarus’ agreement not to bring an “authorized generic” version of Glumetza to market for at least six months (and what turned out to be one year). The settlement agreement contained other anticompetitive provisions.

This misconduct led to the prolonged monopolization of Assertio’s and Santarus’ brand Glumetza products. Even after Lupin launched its generic products, an illegal market division existed for Glumetza and its generic equivalents. As a result, class members overpaid on their purchases, payments for, or reimbursements for brand Glumetza and Lupin’s generic Glumetza products. The defendants, however, reaped hundreds of millions, if not billions, of profits, to class members’ detriment. Block & Leviton asserts claims on behalf of class members under state antitrust, consumer protection, and unjust enrichment laws. The lawsuit seeks damages under these state laws.

If you are interested in learning more about this case and how you can protect your rights, please contact Whitney Street at (415) 968-1862 or whitney@blockesq.com, or Steve Teti at (617) 398-5600 or steti@blockesq.com.

Contact us to learn more about this lawsuit.

Block & Leviton LLP
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Boston, MA 02110
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