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Berger Montague’s Namenda Case Team Honored at the American Antitrust Institute’s 2020 Antitrust Enforcement Awards

DATE: October 8, 2020

Berger Montague is pleased to announce that David F. Sorensen, Ellen T. Noteware, and Nick Urban have won the American Antitrust Institute’s 2020 Outstanding Antitrust Litigation Achievement in Private Practice Law Award for their work on In re Namenda Direct Purchaser Antitrust Litigation. The honorees will be featured at a virtual awards ceremony on Thursday, November 12.

The Namenda case team, led by Mr. Sorensen, served as co-lead counsel for the class of direct purchasers of the Alzheimer’s drug Namenda. The lawsuit alleged that Forest Laboratories worked to delay and impair generic competition for its immediate-release prescription drug Namenda IR. Forest’s alleged actions included entering into an unlawful “pay for delay” 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 from the loss of earlier, unconstrained, lower-priced generic competition.

On October 28, 2019, the day trial was scheduled to commence, the parties announced a $750 million settlement, the largest settlement in Hatch-Waxman antitrust litigation with a single defendant in history. The court approved the settlement on May 27, 2020.

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