In re Loestrin Fe Antitrust Litigation, MDL No. 2472 (D.R.I.)
In this pharmaceutical antitrust case, Kessler Topaz served as co-lead counsel on behalf of a class of direct purchaser plaintiffs challenging the allegedly unlawful delayed entry of generic versions of Loestrin 24 Fe, Minastrin 24 Fe, and Lo Loestrin Fe into the marketplace. Plaintiffs alleged that that Warner Chilcott used a number of unlawful strategies – fraud on the Patent and Trademark Office to procure a patent, “sham” patent litigation, and payment to a generic manufacturer to drop its patent challenge and stay off the market, to name a few - all with the goal to prevent the entry of less-expensive, generic competitors into the U.S. market. After several years of hard-fought litigation, the case settled shortly before trial for $120 million.