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$512M Settlement Reached in Cephalon Antitrust Class Action Lawsuit

This is a settlement for the Antitrust lawsuit.

Pittsburgh, PA: A $512 million settlement agreement has been reached in an antitrust lawsuit pending against Cephalon Pharmaceuticals. The lawsuit alleged the defendant delayed the introduction of a generic version of the drug Provigil into the market.

According to court documents, the agreement was reached between the class of direct purchasers and defendants Cephalon, Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA Inc. and Barr Pharmaceuticals Inc. The other defendants in the case, Mylan Laboratories Inc. and Ranbaxy Laboratories Ltd., were not included in the settlement.

In the lawsuit, plaintiffs claimed that the settling defendants, referred to in the agreement as the Cephalon defendants, "violated federal antitrust law by wrongfully delaying the introduction of generic versions of the prescription drug Provigil (modafinil), a drug indicated for the treatment of certain sleep disorders."The defendants did not admit liability in the agreement.

The class was defined as "all persons or entities in the United States and its territories who purchased Provigil in any form directly from Cephalon at any time during the period from June 24, 2006, through August 31, 2012."

The agreement further states that up to 33-and-a-third percent of the overall payout will be sought as compensation. Incentive awards of $100,000 per named plaintiffs, specifically, King Drug Co. of Florence, Rochester Drug Cooperative Inc. and Burlington Drug Company Inc., and $50,000 each for Meijer Distribution Inc. and SAJ Distributors Inc.

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Published on Apr-20-15


Posted by

According to last paragraph it sounds like it includes California, which I was previously told it did not?

Thank you for clarification.


Posted by

I need the claim form for the Provigil lawsuit. I took it from 2003 to 2010. I filesd on line but didnt get a number.I need a claim form.

Posted by

I was prescribed Provigil in 2007 but did not receive information on the class action law suite.


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