More Drugmakers Choosing to Settle in False Marking Cases

As drugmakers continue to face lawsuits accusing them of marking their products with expired patents, several companies are choosing to settle the cases rather than risk incurring significant damages. The latest of the so-called “false marking” suits was filed against Bristol-Myers Squibb (BMS) in the U.S. District Court for the Eastern District of Texas by plaintiff Promote Innovation (PI), no stranger to bringing such cases. In the suit, BMS is accused of marketing its antibiotic Cefzil (cefprozil), anxiety drug Buspar (buspirone HCl) and cholesterol drug Pravachol (pravastatin sodium) with expired patents.
Washington Drug Letter