Generic drugmakers Teva Pharmaceutical Industries Ltd and Glenmark Pharmaceuticals USA cannot see evidence presented by federal prosecutors to a grand jury in a criminal case accusing them of fixing the prices of generic drugs, a federal judge has ruled.
that the two companies had not shown any justification for piercing the secrecy that normally shrouds grand jury proceedings. The companies had sought evidence presented to the grand jury concerning drugs other than the cholesterol drug pravastatin, the only one named in the indictment.Lawyers for the companies and a representative of the U.S. Department of Justice, which is prosecuting the case, did not immediately respond to requests for comment.
Although the indictment accuses the companies of conspiring to fix prices of multiple generic drugs, it only mentions pravastatin by name. In subsequent court filings, prosecutors have disclosed that they may also introduce evidence related to other drugs including acne cream adapalene, now-discontinued antacid ranitidine and others.
The two companies also said the discrepancy could point to violations of their rights under the Fifth Amendment of the U.S. Constitution to a grand jury indictment notifying them of the accusations against them. They said they needed to uncover whether the jury had been presented with insufficient evidence regarding the other drugs, meaning they should not be brought up at trial.
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