King Drug Company of Florence v. Cephalon

Garwin Gerstein & Fisher LLP served as sole lead counsel on behalf of class and direct purchasers through 2015, during which a $512 million partial settlement was reached.

Direct Purchaser Plaintiffs alleged that Defendants violated federal antitrust laws by engaging in an unlawful scheme to delay or block the market entry of less expensive, generic versions of Provigil (modafinil).  Plaintiffs alleged that the manufacturer of branded Provigil, Cephalon, entered into a series of unlawful, non-competition agreements, or horizontal market allocation agreements, with its prospective generic competitors, Defendants Teva, Barr, Mylan, and Ranbaxy (the “Generic Defendants”), whereby Cephalon agreed to pay the Generic Defendants, in exchange for agreements by the Generic Defendants to delay selling their generic versions of Provigil.  The Direct Purchaser Class Plaintiffs also allege that Cephalon committed Walker Process fraud in obtaining U.S. Patent No. RE 37,516 and then sought to enforce a fraudulently obtained patent to delay the market entry of generic versions of Provigil.