In re Opana ER Antitrust Litigation

Updated: October 31, 2017

Status: Ongoing Case

On April 2, 2015, Labaton Sucharow was appointed co-lead counsel in a pay-for-delay case involving the pain-killing drug Opana ER. A consolidated amended complaint on behalf of end-payor plaintiffs was filed.

The case stems from an action brand manufacturer Endo Pharmaceuticals, Inc. (Endo) brought against Impax Laboratories, Inc. (Impax) and other generic manufacturers for patent infringement. Rather than risk an adverse ruling on its patents at the conclusion of trial, Endo instead settled the litigation against Impax in June 2010, allowing Impax to begin marketing its generic Opana ER product in January 2013. Other material terms of the settlement were not disclosed at the time.

Endo later revealed that it had paid Impax over $112 million in connection with the settlement. Plaintiffs allege that this payment, as well as other considerations paid by Endo, was compensation to Impax in exchange for a delayed launch of Impax's generic versions of Opana ER.

On August 11, 2016, the court largely denied the defendants' motion to dismiss. The case is currently in discovery.

The case is In re Opana ER Antitrust Litigation, MDL No. 2580 (N.D. Ill.). Labaton Sucharow represents Massachusetts Bricklayers & Masons Health and Welfare Fund. The defendants are Endo Health Solutions, Inc., Endo Pharmaceuticals, Inc., Penwest Pharmaceuticals Co., and Impax Laboratories, Inc.

Opana ER (extended-release oxymorphone hydrochloride tablets) is used in the treatment of persistent moderate to severe pain.