GlaxoSmithKline is facing a class action lawsuit brought by direct purchasers who claim the company fraudulently delayed the release of a generic version of Wellbutrin, thereby keeping prices higher for its popular antidepressant. The lawsuit alleges GSK made fraudulent assertions to the U.S. Patent and Trademark Office and by engaging in sham patent litigation against generic drug manufacturers and delaying the market entry of generic versions of Wellbutrin.
This forced the direct purchasers to pay unnecessarily high prices for the drug, because no generic versions of bupropion were available for nearly two years after GSK's patent monopoly would have expired. The lawsuit was filed on behalf of direct purchasers who bought Wellbutrin in 100 mg or 150 mg dosages, directly from GSK between Jan. 24, 2002, when the suit says generic entry would have occurred, barring GSK involvement, and June 30, 2006, the date on which prices allegedly stabilized at competitive levels.
