Pharmaceutical Antitrust

We represented Giant Eagle in an antitrust action alleging that Cephalon paid its generic competitors to stay off the market with their competing generic versions of Provigil, and we successfully negotiated an individual settlement for Giant Eagle.

We represented direct purchasers in a class action alleging that Pfizer delayed generic competition for its successful pain reliever Celebrex, by making misrepresentations and omitting material facts before the USPTO in order to obtain a reissue patent covering Celebrex, and that asserting to the patent prevented generic versions of Celebrex from entering the United States market.

We represent direct purchasers of the drug Zetia alleging that defendants conspired to delay launch of cheaper generic versions of ezetimibe. As members of the Executive Committee and active members of the trial team, we helped achieve a successful settlement for our clients at the beginning of the trial.

As class counsel, we were actively involved in helping to secure a $72.5 million settlement for a class of direct purchasers alleging that a brand-name pharmaceuticalmanufacturer paid its generic competition to stay off the market, which in turn inflated the price of certain skin medication.

As a member of the Executive Committee, we represent direct purchasers of Effexor XR who were prevented from substituting less expensive generic versions of Effexor XR because of Defendants’ alleged scheme to monopolize the market, that included committing fraud to secure a patent and making a large payment to a generic competitor to delay the

TCL played a key role on the Executive Committee guiding this case on behalf of purchasers of Lidoderm alleging that the defendants conspired to delay launch ofless expensive versions of lidocaine patches. Along with our co-counsel, we recovered a $166 million settlement for direct purchasers on the eve of trial.

TCL was appointed to the Executive Committee in this case where the plaintiffs alleged that the defendant abused the FDA’s citizen-petition process (among other things) in order to prevented cheaper eye drops from entering the market. The case settled for $51 million.

As class counsel we played an active role through trial preparation in this case which alleged that the defendants conspired to keep generic diabetes medicine off the market. The case resulted in a $453 million settlement–one of the largest in the history of generic-delay cases.