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Antitrust
Fraud
Pharmaceutical Sales

Cipro Cases I and II

Published: Jun. 23, 2017 |

Case number: Nos. 4154 and 4220 Settlement –  $225,000,000

Judge

Ronald L. Styn

Court

San Diego Superior Court


Attorneys

Plaintiff

Joseph R. Saveri
(Joseph Saveri Law Firm Inc.)

Eric B. Fastiff
(Lieff Cabraser Heimann & Bernstein LLP)

Dan Drachler
(Zwerling, Schachter & Zwerling LLP)


Defendant

Phillip A. Proger
(Jones Day)

David E. Everson
(Stinson Leonard Street LLP)

Jay P. Lefkowitz
(Kirkland & Ellis LLP)


Facts

Plaintiffs brought a class action against Barr Laboratories Inc. and other defendants relating to its antibiotic drug Cipro.

Contentions

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants' joint settlement of litigation regarding the patent covering Cipro violated state antitrust and consumer protection laws with respect to the sale of Cipro, that defendants were unjustly enriched by class plaintiffs' purchases of the drug, and that the joint settlements caused plaintiffs injury and damages.

DEFENDANTS' CONTENTIONS: Defendants denied any wrongdoing.

Result

The parties reached a class settlement of $225 million with Barr Laboratories.

Other Information

Barr Laboratories was the last remaining defendant in the case, as settlements with Bayer AG, Hoechst Marion Roussel Inc., The Rugby Group Inc. and Watson Laboratories Inc. totaling $174 million, had been previously reached. This brought the total recovery to $399 million.


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