Flonase Indirect Buyers Survive Standing Challenge

By Samuel Howard

Law360, New York (January 22, 2010, 3:21 PM ET) -- A federal judge has backed indirect purchasers' standing to sue SmithKline Beecham Corp. for allegedly delaying the entry of generic versions of the nasal spray Flonase into the market but thinned some of the state claims for unjust enrichment and deceptive trade practices.

Indirect purchasers gained traction Thursday in the putative class action when Judge Anita B. Brody of the U.S. District Court for the Eastern District of Pennsylvania rejected the defendant’s claim that the second amended complaint, like its predecessor, failed to state a claim...
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