Case Details

Year Initiated/Committed

2002

Year Resolved

2003

Settlement Amount

$55 million ($3 million costs) $1.1 million (2008)

Court

U.S. District Court for the District of Columbia

Docket Number

1:02-CV-01080

Lead State

FL, MD, OH

Participating States

AK, AL, AR, AS, AZ, CA, CO, CT, DC, DE, FL, GA, GU, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MO, MP, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VA, VI, VT, WA, WI, WV, WY

Defendant(s)

Bristol-Myers, Squibb Co.

Case Description

On June 4, 2002, Plaintiff States filed a complaint against Bristol-Myers Squibb, alleging that BMS excluded generic competition for the cancer fighting drug Taxol, by seeking enforcement of Taxol-related patents that were obtained by fraud on the Patent and Trade Office (PTO). By filing for such patents, Defendant willfully and knowingly delayed competitive generics from entering the market; thus, costing ocnsumers and Plaintiff States millions of dollars in unnecessary medical expenses. Defendant agreed to a settlement sum of $55 million as well as injunctive relief for a ten-year period. The bulk of the settlement funds were distributed directly to consumers as well as state agencies affected by Defendant’s conduct. The Plaintiff States received $3 million for investigative costs and attorneys fees. The injunctive relief was obtained jointly with the Federal Trade Commission. In 2008, plaintiff states sued BMS for failing to report accurately to the states, pursuant to the settlement, a patent agreement entered into with Apotex, involving the drug Plavix. The company pleaded guilty to lying to the FTC and the states recovered $1.1 million in fines.