Bristol-Myers Hit With False Marking Suit Over 3 Drugs

Law360, New York (November 19, 2010, 6:10 PM EST) -- Frequent qui tam plaintiff Promote Innovation LLC has accused Bristol-Myers Squibb Co. of marking its antibiotic Cefzil, its anti-anxiety medication Buspar and its cholesterol drug Pravachol with expired or inapplicable patents.

Bristol-Myers knowingly marked these accused products with three expired patents and one inapplicable patent that subsequently expired in order to deceive the public and gain a competitive advantage in the relevant marketplace, the plaintiff alleges in a complaint filed Thursday in the U.S. District Court for the Eastern District of Texas.

This false marking has...
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