Shepherd, Finkelman, Miller & Shah, LLP-Attorneys At Law
Shepherd, Finkelman, Miller and Shah, LLP

Androgel

Class Action Lawsuit Against Unimed Pharmaceuticals, Inc.

Summary of the Pending Case: On April 17, 2009, SFMS, along with co-counsel, filed a class action complaint ("Complaint") on behalf of Plaintiff, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust in the District of New Jersey. The Complaint alleges violations of antitrust laws by the Defendants for substantially delaying the onset of generic competition of testosterone topical (“Androgel”) by orchestrating a conspiracy to restrain trade, and monopolize the U.S. market for Androgel and its generic equivalents. The Complaint also alleges that the Defendants entered into illegal agreements whereby the brand name drug manufacturer agreed to pay the potential generic drug manufacturers significant sums of money, as well as other forms of compensation, in exchange for the generic drug manufacturers' agreement not to sell their generic versions of Androgel until 2015. Defendants’ agreement has denied Plaintiff and other indirect purchasers of Androgel the benefits of competition and of less expensive, generic versions of Androgel. Through this action, Plaintiff seeks, among other things, damages and equitable relief.

Status of Pending Case: In or about September 2009, this case was transferred to the U.S. District Court for the Northern District of Georgia. On October 30, 2009, Defendants moved to dismiss the Complaint. On February 22, 2010, the Court granted Defendants' Motion to Dismiss as to the claims of the FTC and the indirect purchasers, and granted, in part, and denied, in part, as to the claims of the direct purchasers. On July 20, 2010, the Court granted Plaintiff's motion to amend. The parties are currently engaged in discovery. Trial is scheduled for early 2012.

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This page was last updated: 2011-07-29 11:34:45


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