Lawsuit Keeps Drug Companies From Blocking Generic Drugs

A recent victory in an anti-trust class action brought against drug maker Smith Kline kept them from inflating the price on their drug, Paxil. Even the Federal Trade Commission was unable to do what a group of trial attorneys accomplished for the benefit of the public.

Smith Kline repeatedly filed patent challenges to delay the introduction of generic forms of the drug. This is a tactic used repeatedly by drug companies, due to the fact that a drug is most profitable when it is protected by a patent (i.e., no generic competitors are allowed). Let’s keep in mind the profits from the top 10 drug companies topped $35 billion in 2002, more than the profits from the rest of the 490 Fortune 500 companies combined.

This is another example of how our civil justice system works to protect American consumers across the country.

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