Ditropan XL Lawsuit
In the past year, Alza Corp. enjoyed enormous profits from the sale of Ditropan XL. Purchasers now allege that part of this profit was due to their monopoly in the market. When companies conspire to essentially "rig" an entire market, the antitrust laws allow consumers to demand accountability.
Background:
Oxybutynin has been used to help individuals treat bladder control problems since the 1970's. Alza Corporation patented an extend version of Oxybutunin called Ditropan XL. The product was marketed throughout the United States by Alza, a subsidiary of Johnson & Johnson. Ditropan XL is a tablet taken once a day to aid in controlling bladder problems over a 24 hour period, as opposed to other medications that required multiple tablets. Alza obtained a patent for the drug and controlled an overwhelming majority of the market with yearly sales that exceeded $440 million. In January of 2003, Mylan Pharmaceuticals, Inc. requested approval from the FDA to manufacture and market a generic version. In an attempt to prevent competition, Alza sued Mylan claiming that Mylan's generic drug violated their patent. However, the lawsuit revealed that Alza had failed to disclose specific and important facts in order to obtain their patent. The Court ruled in favor of Mylan, finding that their generic drug did not violate Alza's patent.
The price of generic drugs is generally substantially lower than brand-name drugs. A 1998 study conducted by the Congressional Budget Office concluded that generic drugs save consumers and businesses between $8 billion and $10 billion a year compared to non generics.
Where can I find additional information?
What can you do:
Zimmerman Reed filed a lawsuit on November 18, 2005 on behalf of consumers and businesses who had no other choice but to pay more for Ditropan XL than they otherwise would have paid, due to Alza Corporation's monopoly in the market. If you have purchased Ditropan XL, you may have a right to a refund for your purchases during specific years. If you would like more information, click here to fill out a free case review or contact our firm toll-free at 1.800.755.0098. Zimmerman Reed is experienced in pharmaceutical drug cases and welcomes any questions you may have.
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