Purchasers of the Lidoderm pain patch won class certification in an antitrust multidistrict litigation against Endo Pharmaceuticals and others on Tuesday when a California federal judge found that both direct purchasers and end-payors proved common injuries with alleged delays of a generic version of the drug.
The buyers and end-payors of Lidoderm in the suit say that they overpaid for the patch because of a “reverse payment” patent litigation settlement that led to inflated costs. Endo and other defendants had argued that the plaintiffs can’t show classwide proof of injury or damages from the agreement.
U.S. District Judge William Orrick on Tuesday issued a 52-page order that said the case is “more appropriate for class certification than not.” Common questions predominate even though the defendants argued that distribution in the drug market is stratified, and that various end purchasers have different agreements that raise individual questions, Judge Orrick said.
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