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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Filed on 03/12/2007
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