This case was last updated from U.S. District Courts on 06/09/2023 at 08:23:09 (UTC).

RDC LIQUIDATING TRUST BY AND THROUGH ITS TRUSTEE, ADVISORY TRUST GROUP LLC et al v. TAKEDA PHARMACEUTICALS U.S.A., INC. et al

Case Summary

On April 10, 2023, RDC Liquidating Trust by and through its trustee, Advisory Trust Group LLC, MLI Rx LLC, AmerisourceBergen Corp., AmerisourceBergen Drug Corporation, H.D. Smith, LLC, J.M. Blanco, Inc., Valley Wholesale Drug Co., LLC (a subsidiary of H.D. Smith, LLC), Cardinal Health, Inc., Cardinal Health 110 LLC, Cardinal Health P.R. 120, Inc., and others (collectively, “Plaintiffs”), represented by Caitlin G. Coslett, filed a civil action lawsuit against Takeda Pharmaceuticals U.S.A., Inc. (“Takeda”), Teva Pharmaceutical Industries Ltd. (“Teva Ltd.”), Teva Pharmaceuticals USA, Inc. (“Teva USA”), Watson Laboratories, Inc. (“Watson”), and Amneal Pharmaceuticals, LLC (“Amneal”) (collectively, “Defendants”), seeking damages for the alleged violation of the antitrust laws and conspiracy in restraint of trade. This case was filed in the U.S. District Court in the Eastern District of Pennsylvania. 

In the complaint, the plaintiffs alleged, “In 2008, Takeda’s predecessor Mutual Pharmaceutical Co., Inc., a subsidiary of United Research Laboratories, Inc. (all referred to collectively as ‘Takeda’ herein) filed three NDAs (i.e., NDA Nos. 22-351, 22-352, and 22-353) for colchicine tablets for the treatment of FMF and the treatment and prophylaxis (i.e., prevention) of gout flares. In July of 2009, the FDA approved these NDAs and granted Takeda’s branded colchicine tablet product, called Colcrys, a three-year exclusivity for the treatment of acute gout flares and a seven-year exclusivity for the treatment of FMF. Takeda’s final exclusivity expired on July 29, 2016. As a result, the 21 existing colchicine treatments were removed from the market after 2009 and replaced with Takeda’s Colcrys tablets.”

The plaintiffs further alleged, “Takeda raised the price of colchicine from pennies a pill, to a peak of $6.73 per Colcrys tablet in January 2019. Takeda, now with a monopoly, realized annual sales of Colcrys as high as $629 million. By May 2014, Takeda was charging over $5.25 per a tablet of Colcrys, an increase of 5,733.33% over the price in 2006.”

Plaintiffs also alleged, “These latter patents claim the unapproved use of co-administering colchicine with other drugs (e.g., ketoconazole, ritonavir, and clarithromycin) and are sometimes called ‘the Co-Administration Patents’.”

The Plaintiffs additionally alleged “The goal, purpose, and/or effect of Takeda’s conduct was to maintain and extend Takeda’s monopoly power with respect to Colcrys, and share in the unlawful profits derived therefrom. Takeda’s conduct to impair generic competition allowed Takeda to continue charging supra-competitive prices for Colcrys and “authorized generic” Colcrys without a substantial loss of sales.”

Plaintiffs presented six claims for relief, including alleged conspiracy in restraint of trade, monopolization, and conspiracy to monopolize.

In the prayer for relief, the plaintiff requested declaratory relief and award of damages. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:23-CV-01364

  • Filing Date:

    04/10/2023

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Antitrust

Judge Details

Presiding Judge

MARK A. KEARNEY

 

Party Details

Plaintiffs

RDC LIQUIDATING TRUST BY AND THROUGH ITS TRUSTEE, ADVISORY TRUST GROUP LLC

MLI RX LLC

AMERISOURCEBERGEN CORPORATION

AMERISOURCEBERGEN DRUG CORPORATION

H.D. SMITH, LLC

J.M. BLANCO, INC.

VALLEY WHOLESALE DRUG CO., LLC

CARDINAL HEALTH, INC.

CARDINAL HEALTH 110 LLC

CARDINAL HEALTH P.R. 120, INC.

McKESSON CORPORATION,

MORRIS & DICKSON CO., L.L.C.

BURLINGTON DRUG COMPANY, INC.

DAKOTA DRUG, INC.

LOUISIANA WHOLESALE DRUG COMPANY, INC.

NORTH CAROLINA MUTUAL WHOLESALE DRUG COMPANY

PRESCRIPTION SUPPLY, INC.

J M SMITH CORPORATION doing business as SMITH DRUG COMPANY

Defendants

TAKEDA PHARMACEUTICALS U.S.A., INC.

WATSON LABORATORIES, INC.

3 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

PETER R. KOHN

DAVID F. SORENSEN

CAITLIN G. COSLETT

 

Court Documents

#23

(#23) ORDER THAT THE COMPLAINT #1 IS DISMISSED UPON CONSENT OF THE PARTIES AND AS LARGELY DUPLICATIVE OF THE SECOND AMENDED COMPLAINT IN NO. 21-3500 (ECF DOC. NO. 901-1); AND, THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/14/23. 4/14/23 ENTERED AND COPIES E-MAILED.(bw) (Entered: 04/14/2023)

#22

(#22) NOTICE of Appearance by DAVID F. SORENSEN on behalf of AMERISOURCEBERGEN CORPORATION, AMERISOURCEBERGEN DRUG CORPORATION, BURLINGTON DRUG COMPANY, INC., CARDINAL HEALTH 110 LLC, CARDINAL HEALTH P.R. 120, INC., CARDINAL HEALTH, INC., DAKOTA DRUG, INC., H.D. SMITH, LLC, J M SMITH CORPORATION, J.M. BLANCO, INC., LOUISIANA WHOLESALE DRUG COMPANY, INC., MLI RX LLC, MORRIS & DICKSON CO., L.L.C., McKESSON CORPORATION,, NORTH CAROLINA MUTUAL WHOLESALE DRUG COMPANY, PRESCRIPTION SUPPLY, INC., RDC LIQUIDATING TRUST BY AND THROUGH ITS TRUSTEE, ADVISORY TRUST GROUP LLC, VALLEY WHOLESALE DRUG CO., LLC with Certificate of Service(SORENSEN, DAVID) (Entered: 04/12/2023)

#20

(#20) Summons Issued as to AMNEAL PHARMACEUTICALS LLC, TAKEDA PHARMACEUTICALS U.S.A., INC., TEVA PHARMACEUTICAL INDUSTRIES LTD., TEVA PHARMACEUTICALS USA, INC., WATSON LABORATORIES, INC.. Forwarded To: COUNSEL on 4/11/23 (bw) (Entered: 04/11/2023)

#21

(#21) NOTICE of Appearance by PETER R. KOHN on behalf of AMERISOURCEBERGEN CORPORATION, AMERISOURCEBERGEN DRUG CORPORATION, BURLINGTON DRUG COMPANY, INC., CARDINAL HEALTH 110 LLC, CARDINAL HEALTH P.R. 120, INC., CARDINAL HEALTH, INC., DAKOTA DRUG, INC., H.D. SMITH, LLC, J M SMITH CORPORATION, J.M. BLANCO, INC., LOUISIANA WHOLESALE DRUG COMPANY, INC., MLI RX LLC, MORRIS & DICKSON CO., L.L.C., McKESSON CORPORATION,, NORTH CAROLINA MUTUAL WHOLESALE DRUG COMPANY, PRESCRIPTION SUPPLY, INC., RDC LIQUIDATING TRUST BY AND THROUGH ITS TRUSTEE, ADVISORY TRUST GROUP LLC, VALLEY WHOLESALE DRUG CO., LLC (KOHN, PETER) (Entered: 04/11/2023)

#19

(#19) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by J M SMITH CORPORATION.(COSLETT, CAITLIN) (Entered: 04/10/2023)

#18

(#18) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by PRESCRIPTION SUPPLY, INC..(COSLETT, CAITLIN) (Entered: 04/10/2023)

#17

(#17) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by NORTH CAROLINA MUTUAL WHOLESALE DRUG COMPANY.(COSLETT, CAITLIN) (Entered: 04/10/2023)

#16

(#16) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by LOUISIANA WHOLESALE DRUG COMPANY, INC..(COSLETT, CAITLIN) (Entered: 04/10/2023)

#15

(#15) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by DAKOTA DRUG, INC..(COSLETT, CAITLIN) (Entered: 04/10/2023)

#7

(#7) Disclosure Statement Form pursuant to FRCP 7.1 including AmerisourceBergen Drug Corporation, AmerisourceBergen Services Corporation, and AmerisourceBergen Corporation with Certificate of Service by J.M. BLANCO, INC..(COSLETT, CAITLIN) (Entered: 04/10/2023)

#6

(#6) Disclosure Statement Form pursuant to FRCP 7.1 including H.D. Smith Holdings, LLC, AmerisourceBergen Drug Corporation, AmerisourceBergen Services Corporation, and AmerisourceBergen Corporation. with Certificate of Service by H.D. SMITH, LLC.(COSLETT, CAITLIN) (Entered: 04/10/2023)

#5

(#5) Disclosure Statement Form pursuant to FRCP 7.1 including AmerisourceBergen Services Corp. and AmerisourceBergen Corporation with Certificate of Service by AMERISOURCEBERGEN DRUG CORPORATION.(COSLETT, CAITLIN) (Entered: 04/10/2023)

#4

(#4) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by AMERISOURCEBERGEN CORPORATION.(COSLETT, CAITLIN) (Entered: 04/10/2023)

#3

(#3) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by MLI RX LLC.(COSLETT, CAITLIN) (Entered: 04/10/2023)

#2

(#2) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by RDC LIQUIDATING TRUST BY AND THROUGH ITS TRUSTEE, ADVISORY TRUST GROUP LLC.(COSLETT, CAITLIN) (Entered: 04/10/2023)

1 #2

Designation Form

1 #1

Civil Cover Sheet

#1

(#23) ORDER THAT THE COMPLAINT #1 IS DISMISSED UPON CONSENT OF THE PARTIES AND AS LARGELY DUPLICATIVE OF THE SECOND AMENDED COMPLAINT IN NO. 21-3500 (ECF DOC. NO. 901-1); AND, THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/14/23. 4/14/23 ENTERED AND COPIES E-MAILED.(bw) (Entered: 04/14/2023)

13 More Documents Available
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Docket Entries

  • 04/14/2023
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  • Docket(#23) ORDER THAT THE COMPLAINT #1 IS DISMISSED UPON CONSENT OF THE PARTIES AND AS LARGELY DUPLICATIVE OF THE SECOND AMENDED COMPLAINT IN NO. 21-3500 (ECF DOC. NO. 901-1); AND, THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE MARK A. KEARNEY ON 4/14/23. 4/14/23 ENTERED AND COPIES E-MAILED.(bw) (Entered: 04/14/2023)

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  • 04/12/2023
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  • Docket(#22) NOTICE of Appearance by DAVID F. SORENSEN on behalf of AMERISOURCEBERGEN CORPORATION, AMERISOURCEBERGEN DRUG CORPORATION, BURLINGTON DRUG COMPANY, INC., CARDINAL HEALTH 110 LLC, CARDINAL HEALTH P.R. 120, INC., CARDINAL HEALTH, INC., DAKOTA DRUG, INC., H.D. SMITH, LLC, J M SMITH CORPORATION, J.M. BLANCO, INC., LOUISIANA WHOLESALE DRUG COMPANY, INC., MLI RX LLC, MORRIS & DICKSON CO., L.L.C., McKESSON CORPORATION,, NORTH CAROLINA MUTUAL WHOLESALE DRUG COMPANY, PRESCRIPTION SUPPLY, INC., RDC LIQUIDATING TRUST BY AND THROUGH ITS TRUSTEE, ADVISORY TRUST GROUP LLC, VALLEY WHOLESALE DRUG CO., LLC with Certificate of Service(SORENSEN, DAVID) (Entered: 04/12/2023)

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  • 04/11/2023
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  • Docket(#20) Summons Issued as to AMNEAL PHARMACEUTICALS LLC, TAKEDA PHARMACEUTICALS U.S.A., INC., TEVA PHARMACEUTICAL INDUSTRIES LTD., TEVA PHARMACEUTICALS USA, INC., WATSON LABORATORIES, INC.. Forwarded To: COUNSEL on 4/11/23 (bw) (Entered: 04/11/2023)

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  • 04/11/2023
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  • Docket(#21) NOTICE of Appearance by PETER R. KOHN on behalf of AMERISOURCEBERGEN CORPORATION, AMERISOURCEBERGEN DRUG CORPORATION, BURLINGTON DRUG COMPANY, INC., CARDINAL HEALTH 110 LLC, CARDINAL HEALTH P.R. 120, INC., CARDINAL HEALTH, INC., DAKOTA DRUG, INC., H.D. SMITH, LLC, J M SMITH CORPORATION, J.M. BLANCO, INC., LOUISIANA WHOLESALE DRUG COMPANY, INC., MLI RX LLC, MORRIS & DICKSON CO., L.L.C., McKESSON CORPORATION,, NORTH CAROLINA MUTUAL WHOLESALE DRUG COMPANY, PRESCRIPTION SUPPLY, INC., RDC LIQUIDATING TRUST BY AND THROUGH ITS TRUSTEE, ADVISORY TRUST GROUP LLC, VALLEY WHOLESALE DRUG CO., LLC (KOHN, PETER) (Entered: 04/11/2023)

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  • 04/10/2023
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  • Docket(#19) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by J M SMITH CORPORATION.(COSLETT, CAITLIN) (Entered: 04/10/2023)

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  • 04/10/2023
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  • Docket(#18) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by PRESCRIPTION SUPPLY, INC..(COSLETT, CAITLIN) (Entered: 04/10/2023)

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  • 04/10/2023
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  • Docket(#17) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by NORTH CAROLINA MUTUAL WHOLESALE DRUG COMPANY.(COSLETT, CAITLIN) (Entered: 04/10/2023)

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  • 04/10/2023
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  • Docket(#16) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by LOUISIANA WHOLESALE DRUG COMPANY, INC..(COSLETT, CAITLIN) (Entered: 04/10/2023)

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  • 04/10/2023
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  • Docket(#15) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by DAKOTA DRUG, INC..(COSLETT, CAITLIN) (Entered: 04/10/2023)

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  • 04/10/2023
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  • Docket(#14) Disclosure Statement Form pursuant to FRCP 7.1 including Cobble Hill Holdings, Inc., which is wholly owned by J M Smith Corporation with Certificate of Service by BURLINGTON DRUG COMPANY, INC..(COSLETT, CAITLIN) (Entered: 04/10/2023)

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  • 04/10/2023
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  • Docket(#10) Disclosure Statement Form pursuant to FRCP 7.1 including Cardinal Health, Inc. with Certificate of Service by CARDINAL HEALTH 110 LLC.(COSLETT, CAITLIN) (Entered: 04/10/2023)

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  • 04/10/2023
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  • Docket(#9) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by CARDINAL HEALTH, INC..(COSLETT, CAITLIN) (Entered: 04/10/2023)

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  • 04/10/2023
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  • Docket(#8) Disclosure Statement Form pursuant to FRCP 7.1 including H.D. Smith, LLC, H.D. Smith Holdings, LLC, AmerisourceBergen Drug Corporation, AmerisourceBergen Services Corporation, and AmerisourceBergen Corporation with Certificate of Service by VALLEY WHOLESALE DRUG CO., LLC.(COSLETT, CAITLIN) (Entered: 04/10/2023)

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  • 04/10/2023
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  • Docket(#7) Disclosure Statement Form pursuant to FRCP 7.1 including AmerisourceBergen Drug Corporation, AmerisourceBergen Services Corporation, and AmerisourceBergen Corporation with Certificate of Service by J.M. BLANCO, INC..(COSLETT, CAITLIN) (Entered: 04/10/2023)

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  • 04/10/2023
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  • Docket(#6) Disclosure Statement Form pursuant to FRCP 7.1 including H.D. Smith Holdings, LLC, AmerisourceBergen Drug Corporation, AmerisourceBergen Services Corporation, and AmerisourceBergen Corporation. with Certificate of Service by H.D. SMITH, LLC.(COSLETT, CAITLIN) (Entered: 04/10/2023)

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  • 04/10/2023
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  • Docket(#5) Disclosure Statement Form pursuant to FRCP 7.1 including AmerisourceBergen Services Corp. and AmerisourceBergen Corporation with Certificate of Service by AMERISOURCEBERGEN DRUG CORPORATION.(COSLETT, CAITLIN) (Entered: 04/10/2023)

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  • 04/10/2023
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  • Docket(#4) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by AMERISOURCEBERGEN CORPORATION.(COSLETT, CAITLIN) (Entered: 04/10/2023)

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  • 04/10/2023
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  • Docket(#3) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by MLI RX LLC.(COSLETT, CAITLIN) (Entered: 04/10/2023)

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  • 04/10/2023
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  • Docket(#2) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by RDC LIQUIDATING TRUST BY AND THROUGH ITS TRUSTEE, ADVISORY TRUST GROUP LLC.(COSLETT, CAITLIN) (Entered: 04/10/2023)

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  • 04/10/2023
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  • Docket(#1) COMPLAINT against AMNEAL PHARMACEUTICALS LLC, TAKEDA PHARMACEUTICALS U.S.A., INC., TEVA PHARMACEUTICAL INDUSTRIES LTD., TEVA PHARMACEUTICALS USA, INC., WATSON LABORATORIES, INC. ( Filing fee $ 402 receipt number APAEDC-16617508.), filed by McKESSON CORPORATION,, VALLEY WHOLESALE DRUG CO., LLC, PRESCRIPTION SUPPLY, INC., MLI RX LLC, RDC LIQUIDATING TRUST BY AND THROUGH ITS TRUSTEE, ADVISORY TRUST GROUP LLC, J M SMITH CORPORATION, NORTH CAROLINA MUTUAL WHOLESALE DRUG COMPANY, BURLINGTON DRUG COMPANY, INC., J.M. BLANCO, INC., AMERISOURCEBERGEN CORPORATION, CARDINAL HEALTH 110 LLC, MORRIS & DICKSON CO., L.L.C., DAKOTA DRUG, INC., LOUISIANA WHOLESALE DRUG COMPANY, INC., CARDINAL HEALTH, INC., AMERISOURCEBERGEN DRUG CORPORATION, CARDINAL HEALTH P.R. 120, INC., H.D. SMITH, LLC. (Attachments: #1 Civil Cover Sheet, #2 Designation Form)(COSLETT, CAITLIN) (Attachment 2 replaced on 4/11/2023) (lisad, ). (Entered: 04/10/2023)

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