“Actavis at 5: Where Pay-for-Delay Litigation Stands,” Law360

Case: In re: Solodyn Antitrust Litigation
Court: District of Massachusetts
Drug: Solodyn, acne medication
Status: Settling

Impax Laboratories Inc. reached a $20 million, midtrial settlement in March with consumers and insurers, ending a suit in Massachusetts federal court that claimed the company agreed to delay the launch of a generic version of the acne medication Solodyn.

Centralized in 2014, the multidistrict litigation targets a $40 million payment tucked into a joint development agreement, as well as a license and settlement agreement, made between Impax and Medicis Pharmaceutical Corp. in 2008. The drug buyers painted the money as a bribe to delay launching a generic Solodyn until late 2011, but Impax said the money was part of a joint agreement to work on future projects.

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Cohen Milstein is a member of the Plaintiffs' Executive Committee in In re Solodyn Antitrust Litigation.