In re Niaspan Antitrust Litigation
Berger Montague serves as co-lead counsel in this class action challenging a pay for delay deal concerning the brand name drug Niaspan (extended release niacin).
The plaintiffs allege that in 2005, the maker of brand Niaspan, Kos Pharmaceuticals, Inc., and a generic pharmaceutical company, Barr Pharmaceuticals, Inc., entered a “pay for delay” agreement in violation of the federal antitrust laws. Absent the alleged “pay for delay” agreement, Barr (or later Teva) would have launched generic Niaspan earlier than September 2013, the date on which Teva launched generic Niaspan. The plaintiffs also claim that Kos (or later Abbott or AbbVie) would have launched its own competing authorized generic at that time.
About the case
On August 14, 2019, Judge DuBois granted class certification to the direct purchaser plaintiffs.