In re Ranbaxy Generic Drug Application Antitrust Litigation, No. MDL No. 2878 (D. Mass.)
In a case brought under federal RICO and antitrust laws, Kessler Topaz was counsel for three separate classes of direct purchasers alleging that generic drug manufacturer, Ranbaxy, Inc., unlawfully submitted grossly inadequate generic drug applications to the FDA for three branded products - Nexium, Diovan and Valcyte - and deceived the FDA into granting tentative approval of those applications. These improperly obtained approvals gave Ranbaxy the power to exclude other generic manufacturers from getting FDA approval and selling their competing products, and as a result, direct purchasers paid significantly higher prices for these drugs. On the eve of trial, the direct purchaser classes and Ranbaxy agreed to a $340 million settlement.