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Braintree, Buyers Settle Generic MiraLax Suit For $17M

Posted: January 20, 2012
Source: Law360
Practice Areas: Antitrust

Drug buyer plaintiffs in a putative antitrust class action accusing Braintree Laboratories Inc. of initiating baseless patent litigation to block a generic version of the laxative MiraLax asked a Delaware federal judge Friday to approve a $17.25 million settlement of direct purchaser claims.

Rochester Drug Cooperative Inc., Louisiana Wholesale Drug Co. and Meijer Inc. - which bought MiraLax directly from Braintree at what they claim was an inflated cost - filed a motion Friday asking U.S. District Judge Sue L. Robinson to certify a class of direct MiraLax purchasers and grant preliminary approval to a multimillion-dollar settlement agreement reached Jan. 6.


In their motion filed Friday, the plaintiffs wrote that under a proposed settlement agreement reached Jan. 6, Braintree will pay $17.25 million to resolve claims by persons and entities that purchased MiraLax directly from Braintree between December 2003 and December 2006.


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