Case Status
Motion to Dismiss Denied (In Full or in Part)
Class Certified
Co-Lead Counsel for the Direct Purchaser Class
U.S. District Court for the Eastern District of Pennsylvania
Case Number
AbbVie Inc.
Teva U.S.A Inc.
File Date


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.


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.


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.


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.

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.