Drug wholesalers obtain preliminary injunction in antitrust litigation
Rochester Drug Co-Operative, Inc., et al.. v. Braintree Laboratories., Civ. No. 07-142-SLR, July 7, 2011.
Robinson, J. Motion for preliminary injunction is granted.
This is an antitrust class action brought by drug wholesalers on March 12, 2007 alleging that they paid overcharges on their purchases on Miralax® and generic polyethylene glycol 3350 as a result of defendant, Braintree Laboratories’, monopoly prior to July 2004. Braintree’s U.S. Patent 5,710,183 covering Miralax® was found anticipated in 2004 in a prior patent case after the inventor provided “that the clinical trials for Miralax® were not done under confidentiality agreements.” Following the denial of its motion to dismiss the instant case, Braintree sent a letter to plaintiffs stating that it would cease selling them products, including Miralax®. Thereafter, plaintiffs moved to return the status quo, which was granted.
