Hagens Berman: Class Action Alleges Novartis Gleevec Patent Infringement Suit a Sham
June 24 2015 - 11:22AM
Business Wire
Complaint seeks permanent injunctive relief to prevent
overcharges and damages, and bring generic Gleevec to market
A class-action lawsuit filed against Novartis alleges that the
pharma company’s patent infringement suit against generic company
Sun Pharma was a sham, and seeks a permanent injunction to prevent
Novartis or Sun from enforcing the terms of a settlement agreement
that, barring relief, will delay the launch of generic Gleevec for
months, according to attorneys at Hagens Berman.
According to Hagens Berman, the suit marks the first time
purchasers of prescription drugs have sought injunctive relief to
try to prevent antitrust overcharges or damages stemming from
delayed launch of generic drugs.
The lawsuit, filed June 22, 2015 in the U.S. District Court for
the district of Massachusetts, seeks to prevent Novartis’ unlawful
delay of generic Gleevec (imatinib mesylate), an FDA-approved
prescription drug that radically improves the lives of the
thousands of patients suffering chronic myeloid leukemia, a cancer
of the blood and bone marrow. The drug’s compound patent expires on
July 4, 2015, but Novartis unlawfully barred generic maker Sun
Pharma from releasing its generic version of Gleevec for at least
an additional seven months, according to the suit. Two generic
versions of the drug have already been tentatively approved by the
FDA.
“If Novartis played by the rules, a generic version of Gleevec
would be available for cancer patients this July, but Novartis
wants to illegally reap benefits from of its sham of a patent
infringement suit,” said Hagens Berman partner, Thomas M. Sobol.
“Gleevec costs about $9,000 a month and has appropriately grossed
Novartis more than $13.5 billion in U.S. sales. Now it’s time for
it to fairly compete with generics.”
The suit calls Novartis’ efforts to delay generic Gleevec
“patent gamesmanship and frivolous litigation.”
The suit states that Novartis, “listed invalid follow-on patents
in the FDA’s Orange Book, frivolously sued (belatedly) first-inline
generic Sun for infringing one of those patents, and extracted from
Sun a promise not to launch its generic for seven extra months
beyond the compound patent’s expiration in the guise of settling
the bogus infringement lawsuit.”
The suit names two end payers as plaintiffs and has been filed
on behalf of a class of all purchasers of Gleevec.
Concerned purchasers who have paid for Gleevec can find out more
about the suit against Novartis. Gleevec purchasers can also
contact Hagens Berman’s pharma legal team by calling 617-482-3700
or by emailing Gleevec@hbsslaw.com.
About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights
class-action law firm with offices in nine cities. The firm has
been named to the National Law Journal’s Plaintiffs’ Hot List eight
times. More about the law firm and its successes can be found at
www.hbsslaw.com. Follow the firm for updates and news at
@ClassActionLaw.
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version on businesswire.com: http://www.businesswire.com/news/home/20150624006032/en/
Hagens Berman Sobol Shapiro LLPAshley Klann,
206-268-9363ashleyk@hbsslaw.com
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