In re Namenda Direct Purchaser Antitrust Lawsuit
Berger Montague is co-lead class counsel in a challenge anticompetitive activity with respect to Namenda, a medicine used for symptoms of Alzheimer’s Disease.
Berger Montague represents a proposed class of direct purchasers of Namenda and Namenda XR, drugs sold by Forest Laboratories (“Forest”) to treat Alzheimer’s Disease. Plaintiffs allege that Forest entered into an illegal agreement with its prospective generic competitor, Mylan, and then orchestrated a “hard switch” product hop from immediate-release Namenda to extended-release Namenda XR.
About the case
Plaintiffs allege that Forest worked to delay and impair generic competition for Forest’s immediate-release Namenda. Forest’s actions include entering into an illegal agreement with its prospective generic competitor, Mylan, and then orchestrating a “hard switch” product hop from immediate-release Namenda to extended-release Namenda XR. As a result of Forest’s conduct, purchasers were injured because from the loss of earlier, unconstrained, lower priced generic competition.
On September 13, 2016, the district court denied defendants’ motion to dismiss. Sergeants Benevolent Ass’n Health & Welfare Fund v. Actavis, PLC, No. 15-7488, 2016 U.S. Dist. LEXIS 128349 (S.D.N.Y. Sept. 13, 2016). The court also precluded Forest from contesting that its “hard switch” product hop constituted anticompetitive conduct in light of a prior ruling enjoining Forest from continuing its “hard switch” product hop campaign. In re Namenda Direct Purchaser Antitrust Litig., No. 15-7488, 2017 U.S. Dist. LEXIS 83446 (S.D.N.Y. May 23, 2017). As of April 2018, discovery is complete, summary judgment has been briefed, and final pretrial materials have been filed with the Court and a motion for class certification is pending.
Lead Attorneys: David F. Sorensen, Daniel C. Simons