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.