King Drug Company of Florence v. Cephalon

Case Number:  2:06-cv-01797-MSG
Court:  Eastern District of Pennsylvania
Judge:  Mitchell S. Goldberg
Status:  Settled

Garwin Gerstein & Fisher LLP served as co-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.

Click document titles to open them.

  1. Motion for Preliminary Approval of Settlement with Cephalon
  2. Memorandum of Law in Support of Motion for Preliminary Approval of Settlement with
  3. Declaration of Co-Lead Counsel in Support of Motion for Preliminary Approval of Settlement with
  4. Order Certifying Direct Purchaser Class
  5. Memorandum Opinion of Judge Mitchell S. Goldberg Granting Certification of the Direct Purchaser Class
  6. Order Preliminarily Approving Settlement with Cephalon
  7. Direct Purchaser Class Plaintiffs' Second Consolidated Amended Class Complaint
  8. Settlement Notice
  9. Motion for Attorneys Fees, Expenses, and Incentive Awards
  10. Memorandum of Law in Support of Motion for Attorneys Fees, Expenses, and Incentive Awards
  11. Ex A - Gerstein Declaration in Support of Motion for Attorneys Fees, Expenses, and Incentive Awards
  12. Supplemental Gerstein Declaration in Support of Motion for Attorneys Fees, Expenses, and Incentive Awards
  13. Final Judgment and Order of Dismissal Granting Final Approval of Settlement with Cephalon

  1. Motion for Preliminary Approval of Settlement with Mylan and for Certification of Settlement Class
  2. Memorandum of Law in Support of Motion for Preliminary Approval of Settlement with Mylan and for Certification of Settlement Class
  3. Gerstein Declaration in Support of Motion for Preliminary Approval of Settlement with Mylan and for Certification of Settlement Class
  4. Ex 1 - Settlement Agreement with Mylan
  5. Ex A to Settlement Agreement - Proposed Order Preliminarily Approving Settlement with Mylan and Certifying Settlement Class
  6. Ex B to Settlement Agreement - Proposed Class Notice
  7. Ex C to Settlement Agreement - Proposed Final Judgment and Order of Dismissal Granting Final Approval of Settlement with Mylan
  8. Ex D to Settlement Agreement - Escrow Agreement
  9. Certificate of Service
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