Berger & Montague represents a proposed class of direct
purchasers in a challenge to a pay-for-delay deal for the drug
Provigil. Plaintiffs allege that Cephalon entered into an agreement
with generic competitors to delay generic competition for
Berger & Montague played a pivotal role in defeating summary
judgment, obtaining class certification, and negotiating a $512M
settlement with three of five defendants.
Managing shareholder David F. Sorensen argued direct purchaser
plaintiffs' motion for class certification and (along with
co-counsel) plaintiffs' opposition to summary judgment. The
$512M settlement is the largest in the history of cases brought by
direct purchasers alleging delayed generic entry.
Senior counsel Daniel Simons and associate Nicholas Urban were
also involved in litigating the nine-year antitrust suit.
The trial against the remaining defendants is scheduled to begin
February 2, 2015.