In re Effexor XR Antitrust Litigation, No. 11-cv-5479 (D.N.J.)

In the Effexor XR case, Faruqi & Faruqi, LLP represents a pharmaceutical wholesaler and a proposed class of direct purchasers of Wyeth’s (now Pfizer’s) branded antidepressant drug Effexor XR (extended-release venlafaxine hydrochloride capsules).  The class also includes direct purchasers of generic versions of Effexor XR from Teva, Wyeth’s co-defendant and alleged co-conspirator.  The case alleges that Wyeth hatched an unlawful anticompetitive scheme to delay generic Effexor XR competition, that included fraudulently procuring patents, filing numerous sham patent lawsuits, and then entering into a non-compete agreement with Teva, the generic with the first-filed ANDA, to delay generic competition in exchange for Wyeth’s promise not to launch an authorized generic version of Effexor XR.  Violations of §§ 1 and 2 of the Sherman Act are charged.  Faruqi & Faruqi, LLP was appointed by the court to the executive committee of this case.