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RODANAST, P.C.
Attorneys at Law
801 Estelle Drive
Lancaster, PA 17601
Tel: 717.892.3000
Toll Free: 1.888.245.0200
Fax: 717.892.1200
In Nichols v. SmithKline Beecham Corp., filed in the Eastern District of Pennsylvania, Dianne M. Nast of RODANAST, P.C. was one of three co-lead counsel in the case alleging that GSK violated the Sherman Act by wrongfully maintaining or attempting to maintain a monopoly on Paxil. Plaintiffs alleged four different actions by GSK that gave rise to antitrust liability: (1) GSK pursued unjustified patent litigation to delay the entry of generic competition in the market for Paxil; (2) GSK committed fraud on the U.S. Patent Office, wrongfully obtaining patents that prevented competition; (3) GSK committed fraud on the U.S. Food and Drug Administration by improperly listing patents in the Orange Book; and, as alleged in the complaint filed by the County of Suffolk and consolidated herein, (4) GSK marketed Paxil in a manner that violated the antitrust laws through its anti-competitive wielding of monopoly power in the Paxil market. The case settled for $65 million.