04/28/22 | Settlement Preliminarily Approved

On Apr. 28, 2022, Hon. Nathaniel M. Gorton for the U.S. District Court of Massachusetts granted preliminary approval of a $340 million settlement on behalf direct purchasers of Diovan, Valcyte, Nexium or their AB-rated generic versions from any brand or generic manufacturer. The settlement is part of a $485 million total settlement for all plaintiffs in the case, In Re: Ranbaxy Generic Drug Application Antitrust Litigation. Additional information about the three classes, key dates, and further updates is available at ranbaxyantitrustlitigation.com.

Case Status
Active
Position
Co-Lead Counsel
Court
U.S. District Court for the District of Massachusetts
Case Number
1:15-cv-11828
Defendant(S)
Ranbaxy Inc.
Ranbaxy Laboratories LTD
Ranbaxy USA Inc.
Sun Pharmaceutical Industries LTD
File Date

Hagens Berman represents Meijer Inc. and Meijer Distribution Inc. in a class-action lawsuit filed against drug maker, Ranbaxy, accusing the pharma company of recklessly stuffing the generic drug approval queues with grossly inadequate applications, deceiving the FDA into granting tentative approvals to lock in statutory exclusivities to which Ranbaxy was not entitled and brandishing these undeserved exclusivities to exclude others while its own applications floundered, all at the direct expense of U.S. drug purchasers. Hagens Berman seeks to represent a nationwide class of direct purchasers who suffered from defendants’ fraudulent and anticompetitive conduct that delayed the entry of generic drugs into the U.S. market.

The suit further accuses Ranbaxy of recklessly and fraudulently bogging down the FDA generic approval process, wrongfully acquiring the ability to preclude or stall the efforts of other generic companies that are responsibly seeking to enter U.S. markets and delaying generic entry while it struggles to get its own act together.

According to the complaint, Meijer suffered and continues to suffer antitrust injury as a result of defendants’ unlawful conduct. In June 2016, Magistrate Judge M. Page Kelley recommended that the defendants’ bid to dismiss the complaint be denied.  In September 2016 Judge Gorton adopted that recommendation over the defendants’ objections.  Discovery is now ongoing.

Case Timeline
Title
MTD Recommendations
Description

Magistrate Judge Kelley recommended that Ranbaxy and Sun’s motion to dismiss the purchasers’ RICO and antitrust claims be denied. more »

Read the recommendations »

Case Status
Date
Title
Case Update
Description

The court held argument on the motion to dismiss. Supplemental briefs are due on Apr. 11, 2016.

Date
Title
Summary Judgment Denied
Description

United States District Judge Nathaniel M. Gorton denied all motions for summary judgment in a lawsuit against Sun Pharmaceutical Industries LTD and Ranbaxy Inc., accusing the drug makers of violating racketeering and antitrust laws and affecting the costs of three blockbuster drugs – generic versions of Valcyte, Diovan and Nexium – leaving Ranbaxy facing liability in the billions, even before automatic trebling, according to the complaint.

Date

CASE TIMELINE

Summary Judgment Denied

United States District Judge Nathaniel M. Gorton denied all motions for summary judgment in a lawsuit against Sun Pharmaceutical Industries LTD and Ranbaxy Inc., accusing the drug makers of violating racketeering and antitrust laws and affecting the costs of three blockbuster drugs – generic versions of Valcyte, Diovan and Nexium – leaving Ranbaxy facing liability in the billions, even before automatic trebling, according to the complaint.

MTD Recommendations

Magistrate Judge Kelley recommended that Ranbaxy and Sun’s motion to dismiss the purchasers’ RICO and antitrust claims be denied. more »

Read the recommendations »

Case Update

The court held argument on the motion to dismiss. Supplemental briefs are due on Apr. 11, 2016.

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