Labaton Sucharow Helps Obtain Lidoderm Antitrust Action Settlement of $104.75 Million
Labaton Sucharow, as class counsel, helped secure more than $100 million in settlements for end payor plaintiffs who claimed that pharmaceutical companies Teikoku, Endo and Watson violated state antitrust and consumer protection laws by stalling the release of a generic form of Lidoderm, a topical pain-relief patch.
The suit alleged that as part of a settlement to resolve a patent dispute over Lidoderm, Endo and Teikoku agreed to provide Watson at least $96 million in free-of-charge Lidoderm for resale in exchange for Watson delaying to launch its generic Lidoderm product for nearly one and half years. In addition, Endo and Teikoku agreed not to launch an authorized generic version of Lidoderm to compete with Watson during its 180-day statutory exclusive marketing period. Defendants’ motion to dismiss was denied in 2014 and the end-payor class was certified in 2017.
Judge William H. Orrick of the Northern District of California, who granted final approval to the settlements, noted that the “case involved complicated and novel legal issues” and said the settlement was “excellent.” Labaton Sucharow represented two class representatives in this matter. The Firm’s team included Gregory Asciolla, Karin Garvey, and Matt Perez.