Case Details

Year Initiated/Committed

2019

Year Resolved

2019

Settlement Amount

$70 million

Court

U.S. District Court for the Eastern District of Pennsylvania

Docket Number

219-03281

Lead State

CA

Participating States

CA

Defendant(s)

Teva Pharmaceutical Industries, Ltd.; Cephalon, Inc.: Bar Laboratories, Inc.;

Case Description

California agreed to four settlement agreements with pharmaceutical companies to resolve claims that they entered into collusive pay-for-delay agreements.

The state argued that Teva delayed entry of generic competition through four pay-for-delay agreements that illegally maintained its monopoly over Provigil sales between 2006 and 2012. This resulted in artificially high costs of Provigil for consumers. The state secured $69 million for California and a 10-year injunction prohibiting Teva from entering into pay-for-delay agreements. As part of the $69 million settlement, a $25,250,000 consumer fund will be created for California residents who purchased Provigil, Nuvigil or Modafinil during this time.

The state also argued that Teva, Endo Pharmaceuticals, and Teikoku entered into pay-for-delay agreements regarding Lidoderm, a medical patch to relieve shingles pain. In June 2019, the state settled with Endo Pharmaceuticals, securing an eight-year injunction against further pay-for delay agreements and payment of $760,000. The settlement also included a 20-year injunction against Teikoku, a partner in the production of Lidoderm with Endo.