Cases & Investigations

Provigil Direct Purchaser Antitrust Lawsuit

PRACTICE AREAS: Antitrust
PRODUCT: Provigil (modafinil)
CASE STATUS: Pending
COURT: United States District Court for the Eastern District of Pennsylvania

Berger Montague represents direct purchasers of Provigil (modafinil), a prescription drug which treats sleeping disorders and is manufactured and sold by defendant Cephalon, Inc. Just prior to the expected entry of generic competition for Provigil, Cephalon entered into agreements with nearly all of its anticipated generic rivals, including Barr Laboratories, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Ranbaxy Laboratories, Ltd., Ranbaxy Pharmaceuticals, Inc., and Mylan Laboratories, Inc. As a result, direct purchasers paid inflated prices on their modafinil purchases.

Plaintiffs have settled with four of the defendants. The Provigil lawsuit is pending before the Hon. Mitchell S. Goldberg of the U.S. District Court for the Eastern District of Pennsylvania, and is scheduled to go to trial against the remaining defendant, Ranbaxy Laboratories, Ltd., Ranbaxy Pharmaceuticals, Inc. (and its successor in interest, Sun Pharmaceutical Industries, Ltd.) in October 2018.

Lead Attorneys: David F. Sorensen, Daniel C. Simons, Nick Urban

Lead Attorneys

David Sorensen Headshot

David F. Sorensen

Managing Shareholder
Daniel Simons Headshot

Daniel C. Simons

Senior Counsel

Associates

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