The Complexities of Litigating Generic Drug Exclusion Claims in the Antitrust Class Action Context

April 23, 2010

Over the last decade, there has been an explosion in the number of cases challenging alleged exclusion of generic drugs by branded pharmaceutical manufacturers.  Often, when a branded pharmaceutical manufacturer is unsuccessful in making patent, scientific, or regulatory arguments in opposition to a prospective generic entrant, the branded manufacturer is faced with high-stakes high-stakes antitrust claims brought on behalf of purported classes of direct and indirect purchasers seeking a significant portion of the branded manufacturer’s revenues in compensatory damages.

Sean Royall and Joshua Lipton of Gibson Dunn are co-authors of the attached article, "The Complexities of Litigating Generic Drug Exclusion Claims in the Antitrust Class Action Context," which addresses the complex issues raised at virtually every stage of these cases and offers practical considerations to help branded manufacturers prepare for potential lawsuits of this nature.

Reprinted with permission from Antitrust, Vol. 24, No. 2 (Spring 2010), © 2010 the American Bar Association.

Gibson, Dunn & Crutcher LLP

Gibson Dunn lawyers are available to assist in addressing any questions you may have about these issues.  Please contact the Gibson Dunn lawyer with whom you work, any member of the firm’s Antitrust and Trade Regulation Group or its Health Care and Life Sciences Group, or the following article co-authors:

M. Sean Royall – Dallas and Washington, D.C. (214-698-3256 or 202-955-8546,
Joshua Lipton – Washington, D.C. (202-955-8226,

© 2010 Gibson, Dunn & Crutcher LLP

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