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Rochester Drug Co-Operative, Inc., et al. v. Braintree Labs, Inc., No. 07-142 (D. Del.)


In this case, nicknamed the MiraLax case, Faruqi & Faruqi, LLP represents a pharmaceutical wholesaler and a settlement class of direct purchasers of Braintree’s branded drug, MiraLax (polyethylene glycol 3350).  The case alleges that Braintree, to forestall competition from less-expensive generic versions of MiraLax, hatched an anticompetitive scheme that included a wrongful listing of a patent in the FDA Orange Book and sham litigation, thereby violating § 2 of the Sherman Act.  The case alleges that Braintree’s scheme permitted it to charge Plaintiffs and members of the class artificially inflated prices for their purchases of brand and generic MiraLax.  A settlement in the amount of $17.25 million was reached in 2012.

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Peter Kohn

Faruqi & Faruqi, LLP
101 Greenwood Avenue Suite 600
Jenkintown, PA 19046
Tel: (215) 277-5770


Case Details


  • 03/12/2007

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