Case Status
Active
Position
Co-Lead Counsel for the Direct Purchaser Class
Court
U.S. District Court for the Eastern District of Pennsylvania
Case Number
13-md-2460
Defendant(S)
AbbVie, Inc.
Teva U.S.A, Inc.
File Date

STIFLING GENERIC COMPETITION

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. The lawsuit says purchasers were thereby forced 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.

STATUS OF THE NIASPAN LITIGATION

The litigation captioned In re Niaspan Antitrust Litigation is pending in the U.S. District Court for the Eastern District of Pennsylvania before the Honorable Timothy J. Savage.

Hagens Berman has been appointed co-lead counsel for a proposed class of direct-purchaser plaintiffs. Following completion of fact discovery, expert discovery closed in the spring of 2019. The parties’ motions for summary judgment and to exclude the testimony of certain expert witnesses are fully briefed, and a trial date will be set once the pending motions are decided.

TOP PHARMA LAW FIRM

Hagens Berman is one of the most successful litigation law firms in the U.S. taking on pharmaceutical companies and has achieved more than $320 billion in settlements against Big Pharma largest sellers and manufacturers for antitrust schemes, pay-for-delay, IP shams and other forms of wrongdoing that drive up the costs of prescription drugs for consumers and others.

Case Timeline
Title
Summary Judgment Briefing Closed
Date
Title
Direct Purchaser Class Certified
Description

On August 13, 2019, the Court certified the class of direct-purchaser plaintiffs.  

Date
Title
Defendants’ Motion to Dismiss Rejected
Description

On Sept. 8, 2014, the Court rejected the defendants’ motion to dismiss.

Date

CASE TIMELINE

Summary Judgment Briefing Closed

Direct Purchaser Class Certified

On August 13, 2019, the Court certified the class of direct-purchaser plaintiffs.  

Defendants’ Motion to Dismiss Rejected

On Sept. 8, 2014, the Court rejected the defendants’ motion to dismiss.

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