It is not every day that antitrust plaintiff classes fail to win certification due to lack of numerosity under Federal Rule of Civil Procedure 23(a)(1). Yet this week, absence of numerosity was the reason a Third Circuit...more
Courts continue to evaluate the degree to which “reverse payments” are permitted post-Actavis. In the latest of these decisions, issued on February 22, 2016, the First Circuit held that non-cash payments may run afoul of the...more
3/1/2016
/ Anti-Competitive ,
Antitrust Litigation ,
FTC v Actavis ,
Generic Drugs ,
Patent Infringement ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Pharmaceutical Patents ,
Putative Class Actions ,
Reverse Payment Settlement Agreements ,
SCOTUS ,
Warner Chilcott ,
Watson Pharmaceuticals
This is our fourth post on the DOJ’s expanding investigation into possible price fixing by generic drug manufacturers. (Click here, here, and here to read our prior posts.) Since our last update, the DOJ has subpoenaed...more
Portions of a reverse payment suit against Endo Pharmaceuticals and others were recently dismissed by Judge William H. Orrick of the Northern District of California. The case was brought by plaintiffs who allege that a...more
7/24/2015
/ Antitrust Litigation ,
Assignments ,
Endo Pharmaceuticals ,
Generic Drugs ,
Indirect Purchasers ,
Patents ,
Pay-For-Delay ,
Pharmaceutical Industry ,
Settlement Agreements ,
Standing ,
The Clayton Act ,
Wholesale
Recently, the FTC announced that it reached a settlement in its pay-for-delay lawsuit, FTC v. Cephalon Inc. in the U.S. District Court for the Eastern District of Pennsylvania, with Teva Pharmaceuticals Industries, Ltd.,...more
Since we last reported on state and federal investigations into recent generic drug price increases, the investigations have moved forward against Philadelphia-based Lannett Co. On November 20, a Senate healthcare...more
We’ve previously discussed antitrust claims related to “product hopping”—allegations that pharmaceutical manufacturers have reformulated or otherwise altered their products to prevent automatic generic substitution. Earlier...more