[Ip-health] 18 states sue Abbott for blocking generic cholesterol drug

[Mike Palmedo]

http://myfloridalegal.com/newsrel.nsf/newsreleases/B41AF9C283AC052585257410=
005C5160

Florida, 18 States Sue Abbott Laboratories for Blocking Generic
Prescription Competition - Abbott and French drug company face
allegations they blocked generic versions of a cholesterol drug

Attorney General Bill McCollum News Release
March 18, 2008
Media Contact: Sandi Copes
Phone: (850) 245-0150

TALLAHASSEE, FL =96 Attorney General Bill McCollum today announced that
Florida and 18 states have filed an antitrust lawsuit against Abbott
Laboratories and French drug company Fournier Industrie et Sante and
Laboratories Fournier, S.A., charging the companies with blocking a
cheaper, generic version of prescription drug TriCor. The drug, which is
used to reduce high levels of triglycerides and cholesterol, accounted
for more than $1 billion of Abbott=92s sales last year. The complaint was
filed in federal court in Delaware seeks triple the amount of damages
incurred by the state=92s public health agencies and individual consumers.

=93As Florida and our senior population face ever increasing costs of
prescription drugs, we cannot permit drug companies to edge out
competition and potentially less expensive generic alternatives,=94 said
Attorney General Bill McCollum.

An investigation conducted by the Attorney General=92s Antitrust Division
and other states revealed allegations that the two drug companies
allegedly blocked competition from less expensive generics by
continuously making minor changes in the formulations of TriCor to
prevent therapeutically equivalent generic substitutions. The states
charge that the product switches helped thwart generic competition,
allowing the companies to charge monopoly prices for TriCor.

"With rising fuel costs, falling housing values and investment markets
in turmoil, Floridians 50+ are facing tough economic pressures," said
Lori Parham, AARP's Florida state director. "Using generic medications
is an important tool in holding down runaway growth in prescription drug
costs. AARP applauds Attorney General McCollum's strong stand on behalf
of older Floridians."

The lawsuit also alleges the companies used patents, which they obtained
by deceiving the Patent and Trademark Office and improperly enforced and
brought a series of patent infringement lawsuits against two generic
companies. According to the complaint, Abbott and Fournier filed at
least ten lawsuits against two generic companies who were attempting to
obtain FDA approval for their generic versions of TriCor. Abbott and
Fournier eventually lost or dismissed all of the lawsuits. As a result
of the product switches and patent litigation, Abbott and Fournier have
successfully thwarted generic competition and denied consumers and state
agencies the choice of a lower priced therapeutically equivalent generic.

A copy of a lawsuit is available online at:
http://myfloridalegal.com/webfiles.nsf/WF/JFAO-7CUMGX/$file/TriCorComplaint=
.pdf


--
Mike Palmedo
Research Coordinator
Program on Information Justice and Intellectual Property
American University, Washington College of Law
4910 Massachutsetts Ave., NW Washington, DC 20016
T - 202-274-4442 | F 202-274-0659
mpalmedo@wcl.american.edu