In 2013, Hagens Berman filed a class action case alleging that the 2005 settlement of a patent infringement lawsuit between Kos Pharmaceuticals and Barr Laboratories was a “pay-for-delay” agreement that effectively blocked all generic versions of the cholesterol drug Niaspan from entering the U.S. market until 2013 – forcing purchasers to pay monopoly prices for years longer than they should have. The suit alleges that the settlement was anticompetitive and caused purchasers of Niaspan to incur substantial damages. Kos, which is now part of AbbVie, and Barr, which is now part of Teva, both deny the allegations, claiming that the settlement was entirely legal.
The litigation captioned In re Niaspan Antitrust Litigation (Civil Action No. 2:13-md-2460) is pending in the U.S. District Court for the Eastern District of Pennsylvania before the Honorable Jan E. DuBois.
On September 8, 2014, Judge DuBois rejected the defendants’ motion to dismiss the consolidated complaints of a proposed class of direct-purchaser plaintiffs, for which Hagens Berman has been appointed co-lead counsel. Following completion of fact discovery, expert discovery closed in the spring of 2019. On August 13, 2019, the Court certified the class of direct-purchaser plaintiffs. A case schedule, including dates for summary judgment briefing and trial, is expected shortly.