Its success is associated with the rise of generic medication.

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Total revenues increased 10% year over year excluding the impact of Adderall whose sales dropped 32% when a generic version of the ADD medication was approved in the second quarter 2012.

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The tax applies to prescription medication companies, not generic drug producers.

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For Lilly, the day of reckoning was Oct. 25, 2011, when competitors announced a generic version of Zyprexa, an antipsychotic medication.

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Bristol-Myers Squibb has been hurt by competition from generic substitutes for proprietary drugs like Glucophage (diabetes medication), Taxol (cancer treatment) and BuSpar (antidepressant).

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Mutual, however, argues that federal law preempts this type of claim, because the FDA had already approved its drug and federal law also requires a generic drug to have the same design as the brand-name medication ( here is the petition).

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The generic drug company had accused Bristol of illegally attempting to extend its patent on BuSpar, an anti-anxiety medication.

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