GSK Tries To Axe Wellbutrin Consumer Antitrust Suit

Law360, New York (March 10, 2010, 1:56 PM EST) -- GlaxoSmithKline PLC has asked a judge to dismiss claims brought by employee benefit plans over the alleged filing of baseless patent suits to delay generic competition with Wellbutrin SR, arguing that the plans cannot proceed under the laws of their home states.

The plaintiffs are improperly attempting to make claims under laws that would only apply if the putative class wins certification, according to a reply brief filed by the drugmaker on Monday in the U.S. District Court for the Eastern District of Pennsylvania.

“[The plaintiffs]...
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