Consumer Group Sues Bristol-Myers Squibb, Charging Firm Tried to Block Generic Drug Sale

A coalition of consumer groups has filed four lawsuits against Bristol-Myers Squibb Co., alleging that the company "illegally" attempted to extend the patent on its antianxiety drug BuSpar to keep a monopoly, the AP/Los Angeles Times reports. The lawsuits were filed Friday in U.S. District Court in Manhattan and in New York, Florida and Maine state courts. The Times reports that the day before Mylan Laboratories Inc., and Watson Pharmaceuticals Inc., were set to launch a generic version of BuSpar last November, Bristol-Myers received a new patent from the FDA, preventing the two companies from introducing the generic version. Mylan took the case to U.S. District Court in Washington, D.C., arguing that the new patent -- covering a "molecule patients create when they ingest BuSpar" -- did not prevent the sale of a generic BuSpar. The district court ruled in favor of Mylan and Watson, prompting Bristol-Myers to appeal and the coalition to file the new lawsuit. In the new lawsuit, the coalition argues that Bristol-Myers violated antitrust law and seeks to bar the company from taking similar action in the future. With sales of $709 billion over the last 15 years, BuSpar is Bristol-Myers' fifth best-selling drug. The Prescription Access Litigation coalition, which filed the suits, includes the New York Statewide Senior Action Council, Citizen Action of New York, the Consumers for Affordable Health Care Foundation, Health Care for All and the Massachusetts Senior Action Council (AP/Los Angeles Times, 4/9).

'Frustrated' by Inaction
The New York Times reports that although Bristol-Myers has been the subject of "similar" lawsuits in the past, the current group of suits is by organizations representing seniors and "consumers who said they were frustrated that little had been done by Congress or federal regulators to stop the tactics of big drugmakers." Kim Shellenberger, the Prescription Access Litigation project's director, said, "Consumers all over the country are demanding a way to end the escalating price pressure from drugs" (Petersen, New York Times, 4/8). She added, "All consumers would benefit if the courts put an end to false patents and other market manipulations by the manufacturers of brand-name pharmaceuticals. It would be a cost savings for everyone who pays for health care -- not just the patient, but all the insurers, whether it's an HMO or a state's Medicaid program, not to mention hospitals and other health care providers" (PAL release, 4/8). Bristol-Myers spokesperson Patrick Donahue said that the lawsuits were "without merit" (New York Times, 4/8).