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147 North Broad Street Tel: 877.877.2122  Firm News & EventsLawsuit against the makers of OxyContinMILFORD, Conn. - January 9, 2004 Hurwitz Sagarin Slossberg, & Knuff LLC and the New York law firm of Bernstein Liebhard & Lifshitz, LLP today filed a federal consumer class action complaint against the makers of OxyContin[1], The Purdue Pharma Company, Purdue Pharma L.P., The Purdue Frederick Company, Purdue Pharmaceuticals L.P., and P.F. Laboratories Inc. (“PurduePharma”). The complaint alleges violations of both federal and state antitrust laws, as well as violations of the consumer protection statutes throughout the United States arising from the manufacture and marketing of OxyContin. The plaintiffs allege that no generic version of OxyContin has been marketed in the United States because defendants unlawfully obtained and enforced a monopoly for OxyContin and oxycodone hydrochloride c-r, through intentional misrepresentations to the U.S. Patent and Trade Mark Office. If competing and/or generic versions of OxyContin were available, consumers would be able to purchase it at a far lower cost. The complaint seeks equitable, injunctive and declaratory relief against PurduePharma based on allegations of monopolization of the market for OxyContin and generic bioequivalents of OxyContin, in violation of the Sherman Act. On January 5, 2004, a U.S. District Court Judge ruled that the patents for OxyContin were unenforceable due to “inequitable conduct” by the company. PurduePharma says it plans to appeal the judge’s ruling. If you would like to obtain more information about this case, please contact David A. Slossberg at 203-877-8000. [1] OxyContin is an opioid analgesic that is used in the treatment and management of pain in humans. The active ingredient in OxyContin is oxycodone hydrochloride controlled‑release (“Oxycodone hydrochloride c-r”). The firm’s personal injury attorneys serve clients in cities including Milford, Stamford, Greenwich, Bridgeport, Fairfield, Norwalk, Danbury, New Haven, Waterbury, Guilford, Bristol, New Britain, Hartford, West Hartford, Waterford, New London, Norwich, Glastonbury, Windsor, Manchester, Simsbury, and Woodbridge; in New Haven County; and in Fairfield, Middlesex, Hartford, New London, Litchfield, Tolland, and Windham counties. |
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