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1
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CLASS ACTION COMPLAINT
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EXTRACTED KEY WORDS
DRUG BUSPIRONE MARKET END-PAYOR PATENT PLAINTIFF FDA GENERICS MEMBERS END-PAYOR SUBCLASS ANTITRUST BUSPIRONE HYDROCHLORIDE MANUFACTURER DEFENDANT SALES PRESCRIPTION DRUGS RELEVANT MARKET CLASS ACTION VIOLATION MONOPOLY POWER ANXIETY DISORDER PURCHASES METABOLITE UNITED STATES ORANGE BOOK ADMINISTRATION ANDA COMPETITION BRISTOL-MYERS SQUIBB |
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
GRAY PANTHERS, )
733 15th Street, N.W., )
Washington, D.C. 20005, )
)
Plaintiff, )
)
v. )
)
BRISTOL-MYERS SQUIBB CO., )
345 Park Avenue, )
New York, New York 10154, )
)
Defendant. )
____________________________________)
CLASS ACTION COMPLAINT
The above-captioned Plaintiff, on its own behalf and on behalf of all others similarly
alleges as follows:
I. NATURE OF ACTION
1. Plaintiff brings this civil antitrust action as assignee of the claims of certain
BuSparŪ and as a class action on behalf of end-payors, i.e., the last persons and entities in the
distribution, who purchased brand name buspirone hydrochloride other than for resale from November
22, 2000 through March 28, 2001. BuSparŪ is the brand name of the buspirone hydrochloride
manufactured and sold by Defendant Bristol-Myers Squibb Co. ("Bristol"). BuSparŪ, which contains
the active ingredient buspirone, has been sold by Bristol since 1986 as a medication for treating
suffering from generalized anxiety disorder. Last year, Bristol received more than $700 million
sale of BuSparŪ.
2. This case arises out of the efforts of Bristol to extend unlawfully its monopoly in
U.S. market for buspirone-based prescription drug products beyond the life of its patent covering
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