Minnesota Insurers File Suit Against GlaxoSmithKline Over Delay of Generic Versions of Antidepressant Paxil

Main Category: Pharma Industry / Biotech Industry
Article Date: 15 May 2005 - 5:00 PDT

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Blue Cross and Blue Shield of Minnesota and 18 other health insurers in the state on Wednesday filed a lawsuit in U.S. District Court in Minneapolis alleging that GlaxoSmithKline "manipulated the federal patent system to keep cheaper generic alternatives" to the antidepressant Paxil from reaching the market, the Minneapolis Star Tribune reports. According to BCBSM, a generic version of Paxil could have reached the market as early as 1998. However, the lawsuit alleges that GSK maintained its monopoly on the drug by claiming to hold patents on scientific procedures used to make Paxil that already were in the public domain. In addition, GSK allegedly listed invalid patents with FDA that kept other pharmaceutical companies from bringing generic equivalents of Paxil to the market, the suit says. As a result, according to the insurers, a generic version for Paxil did not reach the market until late 2003, with a month's supply selling for $63. Paxil cost $93 per month at the time, according to BCBSM. The lawsuit says GSK violated federal and state antitrust and fraud laws and engaged in deceptive trade practices, according to the Star Tribune. In addition, the lawsuit alleges that GSK "harassed" generic drug manufacturers by filing frivolous lawsuits to prevent them from marketing their versions of Paxil and invoked a federal law granting GSK a 30-month extension on its Paxil patents. BCBSM and the other insurers -- which are being represented by Minneapolis law firm Robins, Kaplan, Miller and Ciresi -- are seeking unspecified financial damages. According to BCBSM senior counsel Tom Gilde, each insurer will review its claims data to determine the amount of financial damages they will seek from GSK. Nancy Pekarek, a spokesperson for GSK, said the company had not yet seen the lawsuit and could not comment on the allegations (Phelps, Minneapolis Star Tribune, 5/12).

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