Case Details

Year Initiated/Committed

2005

Year Resolved

2005

Settlement Amount

$10 million

Court

U.S. District Court for the District of Massachusetts

Docket Number

04 11726 WGY

Lead State

MD, NY

Participating States

AK, AL, AR, AZ, CO, CT, DC, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA, VT, WA, WI, WV, WY

Defendant(s)

SmithKline Beecham Corp., d/b/a GlaxoSmithKline and SmithKline Beecham PLC

Case Description

The state settlement followed a proposed class action settlement in the Relafen Antitrust Litigation, C.A. No. 01-12239 (WGY) (D. Mass.), which was in turn premised on a patent litigation victory at trial by the generic manufacturers. Class counsel, seeking to represent most end users of nabumetone, alleged that GSK violated state and federal antitrust, consumer protection, and other state laws by unlawfully obtaining U.S. Patent No. 4,420,639 (the ?639 patent?) on nabumetone through fraud on the United States Patent and Trademark Office and that GSK excluded generic competition through sham patent litigation. States made similar allegations and settled their proprietary claims for $10 million.