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$512M settlement granted final approval in pay-for-delay litigation over Cephalon’s narcolepsy drug Provigil.

DATE: October 19, 2015

Berger Montague represents a proposed class of direct purchasers in a challenge to a pay-for-delay deal for the drug Provigil. Plaintiffs allege that Cephalon entered into an agreement with generic competitors to delay generic competition for Provigil.

Berger Montague played a pivotal role in defeating summary judgment, obtaining class certification, and negotiating a $512M settlement with three of five defendants.

Managing shareholder David F. Sorensen argued direct purchaser plaintiffs’ motion for class certification and (along with co-counsel) plaintiffs’ opposition to summary judgment. The $512M settlement is the largest in the history of cases brought by direct purchasers alleging delayed generic entry.

Senior counsel Daniel Simons and associate Nicholas Urban were also involved in litigating the nine-year antitrust suit.

The trial against the remaining defendants is scheduled to begin February 2, 2015.

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