Assertio and Lupin Sued for Alleged Anti-Competitive Behavior

A proposed class action lawsuit in a California federal court claims Assertio Therapeutics and Lupin entered into a pay-for-delay agreement over Assertio’s diabetes drug Glumetza (metformin).

The lawsuit in the U.S. District Court for Northern California alleges that Assertio, along with Santarus (now Salix) and Lupin entered into an anticompetitive agreement in February 2012 to settle patent infringement litigation over Lupin’s generic version.

Under the alleged agreement, Assertio paid Lupin to delay releasing its generic until February 2016. In return, Assertio agreed that it would not compete with Lupin when the generic was released and would not license any other manufacturer to enter the market sooner than 180 days after Lupin entered, according to the complaint.