On June 23, 2014, Venable secured a summary judgment victory on horizontal conspiracy claims for client Ranbaxy Laboratories Ltd. This major antitrust "reverse payment" case involves the intersection of antitrust and intellectual property law, and is one of the first cases to reach the summary judgment stage after the Supreme Court’s recent decision in FTC v. Actavis
, 133 S. Ct. 2223 (2013). Direct drug purchasers, end payors and a competitor drug company sued branded pharmaceutical company Cephalon, and Ranbaxy and three other generic drug makers. The plaintiffs allege that Cephalon facilitated a conspiracy when it signed agreements with the generic drug makers in 2005 and 2006 to settle patent infringement litigation over the drug Provigil, which is used to treat narcolepsy and other sleep disorders. Plaintiffs claim the settlement agreements unlawfully delayed cheaper generic versions of Provigil from entering the marketplace.
The presiding Pennsylvania federal judge, Mitchell J. Goldberg, disagreed with the plaintiffs and dismissed their horizontal conspiracy claims on Monday, deeming their evidence insufficient to support their conspiracy claims.
Venable attorneys Doug Baldridge
, Lisa Jose Fales
, Danielle Foley
, Vincent Verrocchio
, Sarah Choi, Molly Cusson and Paul Feinstein
represent Ranbaxy. Law360
featured this victory in a June 23, 2014 article.