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5 July 2022Big PharmaMuireann Bolger

Irish pharma company prevails in US pay-for-delay case

The ruling marks the latest development of a long-running dispute over the alleged delay of a generic version of the blockbuster painkiller.

Endo Pharmaceuticals has secured a victory in a pay for delay dispute, after a federal court in Illinois found that it did not conspire with Impax Laboratories to delay a generic version of the painkiller Opana ER (oxymorphone).

The US District Court for the Northern District of Illinois handed down the decision on Friday, July 1.

The Irish company faced allegations from insurance companies Blue Cross and Blue Shield, along with retailers Walgreens Boots Alliance and Kroger and a class of direct buyers, that it has conspired to stifle competition.

The drug at the centre of the dispute is a highly potent opioid analgesic indicated for treatment of severe pain.

Multiple proceedings

Since 2014, Endo has been embroiled in various legal proceedings filed by multiple plaintiffs in the US, including classes of direct and indirect purchasers.

Plaintiffs in the cases have principally alleged that the terms of a 2010 patent settlement agreement between Endo and Impax Laboratories, now Amneal Pharmaceuticals, violated US antitrust laws.

A trial of all plaintiffs' claims began in June and concluded last week with a verdict in favour of Endo on all counts.

“Endo is very pleased with the jury's verdict and is grateful for its careful deliberation,” said Matthew Maletta, Endo's executive vice president, chief legal officer and company secretary.

“Today's verdict confirms that the 2010 settlement agreement between Endo and Impax was procompetitive and enabled Impax to come to market with its generic version of Opana® ER years earlier than otherwise would have been permitted.”

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More on this story

Americas
28 January 2021   The US Federal Trade Commission is suing Endo Pharmaceuticals, Impax Laboratories, and Impax’s owner Amneal Pharmaceuticals, alleging that they were party to a 2017 agreement that violated antitrust law.
Americas
21 July 2022   California company resolves pay-for-delay issue over opioids | Allegations were brought by direct purchasers eight years ago.

More on this story

Americas
28 January 2021   The US Federal Trade Commission is suing Endo Pharmaceuticals, Impax Laboratories, and Impax’s owner Amneal Pharmaceuticals, alleging that they were party to a 2017 agreement that violated antitrust law.
Americas
21 July 2022   California company resolves pay-for-delay issue over opioids | Allegations were brought by direct purchasers eight years ago.