The case is scheduled for trial on July 14, 2020.
On behalf of Meijer Inc., Meijer Distribution Inc., and a proposed class of drug purchasers, Hagens Berman has filed a class-action lawsuit against brand-name drug maker Shire and generic drug maker Actavis. The complaint alleges that Shire and Actavis conspired to delay the availability of affordable generic versions of Shire’s ADHD drug, Intuniv. The conspiracy, which delayed generic drug availability for more than a year and a half, allegedly cost purchasers of the drug hundreds of millions of dollars.
According to the complaint, Shire and Actavis accomplished this through a pay-for-delay settlement, in which Shire agreed not to launch an authorized generic version of Intuniv to compete with Actavis during Actavis’ first six months on the market—an illegal “no-authorized-generic” agreement.
The Supreme Court has long held that such reverse-payment deals are anticompetitive and therefore illegal, but, the complaint alleges, Shire and Actavis tried to conceal the reverse payment in their carefully worded settlement and license agreements, using a language that the Federal Trade Commission, the regulatory agency responsible for addressing anticompetitive behavior, has recently acknowledged may signal a reverse payment. And, although Shire and Actavis are defending this case by contending there was no no-AG agreement, the companies’ twin press releases on the day they executed their agreement confirmed that both companies knew and understood that Shire would not launch an AG.
In October 2017, the United States District Court for the District of Massachusetts denied the defendants’ bid to dismiss the complaint. On September 24, 2019, the district court certified a class of all direct purchasers of brand and generic Intuniv, and appointed Thomas M. Sobol and Lauren G. Barnes as lead class counsel. The parties’ summary judgment and Daubert motions are pending before the district court. The case is scheduled for trial on July 14, 2020.
Hagens Berman purchases advertisements on search engines, social media sites and other websites. Transmission of the information contained or available through this website is not intended to create, and receipt does not constitute, an attorney-client relationship. If you seek legal advice or representation by Hagens Berman, you must first enter a formal agreement. All information contained in any transmission is confidential and Hagens Berman agrees to protect information against unauthorized use, publication or disclosure. This site is regulated by the Washington Rules of Professional Conduct.