Indirect Wellbutrin Buyers Denied Cert. Against GSK

Law360, New York (October 7, 2010, 12:51 PM EDT) -- GlaxoSmithKline PLC has escaped a class suit from indirect purchasers of Wellbutrin SR who say the company initiated sham patent litigation to avoid competition, convincing a federal judge the plaintiffs would not have been able to show a predominance of classwide issues.

Judge Lawrence Stengel of the U.S. District Court for the Eastern District of Pennsylvania denied class certification Sept. 30, a major win for GSK, which faces at least two separate putative class actions alleging similar antitrust violations over other drugs.

Judge Stengel spent the...
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