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Provigil Direct Purchaser Antitrust Lawsuit

PRACTICE AREAS: Antitrust
PRODUCT: Provigil (modafinil)
CASE STATUS: Settled
SETTLEMENT AMOUNT: $512 million
COURT: United States District Court for the Eastern District of Pennsylvania

Berger Montague represented 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 reverse payment 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 this case.  Plaintiffs settled with Cephalon and Teva for $512 million in 2015, and subsequently settled with the remaining defendants, Mylan and Ranbaxy.

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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