This case was last updated from PACER on 10/04/2021 at 07:30:38 (UTC).

VALUE DRUG COMPANY v. TAKEDA PHARMACEUTICALS, U.S.A., INC. et al

Case Summary

On August 5, 2021, Value Drug Company (“Plaintiff”), individually and on behalf of all others similarly situated, represented by Peter R. Kohn of Faruqi & Faruqi, LLP, filed an antitrust action against Takeda Pharmaceuticals U.S.A., Inc. (“Takeda”), Endo Pharmaceuticals, Inc. (“Endo”), Watson Laboratories, Inc. (“Watson”), Amneal Pharmaceuticals LLC (“Amneal”), Teva Pharmaceutical Industries Ltd. (“Teva Ltd.”) & others (the “Defendants”), seeking declaratory and compensatory relief, along with costs and attorneys’ fees, for the alleged conspiracy among all of the Defendants for restraint of trade and monopolization in the market for Colcrys and its AB-rated generics. This case was filed in U.S. District Court in the Eastern District of Pennsylvania.

 

In its complaint, the Plaintiff alleged that, “As of late 2015, Par, Watson and Amneal were set to begin competing against Takeda in the market for 0.6 mg colchicine tablets, over which Takeda enjoyed a monopoly and marketed under the brand name Colcrys. But rather than compete against one another, all four agreed it would be more profitable to conspire not to do so, and to conceal their conspiracy in part in the form of a distribution joint venture between Takeda and Par. Under the joint venture, Par would sell Takeda’s product instead of its own, to maintain Takeda’s monopoly, restrict output of Par’s competing product, allocate 100% of the market to Takeda’s product for several years, and share with Takeda in the corresponding monopoly prices, all at the expense of purchasers and patients.”

 

The Plaintiff further alleged that, “This single conspiracy to restrict output and restrain competition worked as planned from November 24, 2015 until November 25, 2019. First Takeda alone, and then Takeda and Par together, earned and shared supracompetitive profits from the sale of Takeda’s branded and “authorized generic” Colcrys. Watson and Amneal withheld their output from the market in anticipation of their defined periods of exclusive generic sales, as agreed. Competition was severely harmed.”

 

The Plaintiff lists out three claims for relief. The first claim is against all Defendants for alleged conspiracy in restraint of trade. The second claim is against Takeda only for alleged monopolization. The third claim is against all Defendants for alleged conspiracy to monopolize, wherein the Plaintiff alleged that Defendants knowingly and intentionally entered into the output-restriction conspiracy. Defendants conspired to unlawfully maintain Takeda’s monopoly power in the relevant market by agreeing and adhering to the promises comprising the output-restriction conspiracy. The conspiracy substantially, unreasonably, and unduly restrained trade in the relevant market, and harmed Plaintiff thereby. Alternatively, Defendants are allegedly liable for the conspiracy under a “quick look” and/or rule of reason standard.

 

In its prayer for relief, the Plaintiff requested the Court to determine that this action may be maintained as a class action; enter joint and several judgments against the Defendants and in favor of the Plaintiff and the Class; award the Class damages (i.e., three times overcharges) in an amount to be determined at trial; and award them their costs of suit, including reasonable attorneys’ fees as provided by law.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-03500

  • Filing Date:

    08/05/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other - Antitrust

Judge Details

Presiding Judge

MARK A. KEARNEY

 

Party Details

Plaintiff

VALUE DRUG COMPANY

Defendants

TAKEDA PHARMACEUTICALS, U.S.A., INC.

ENDO PHARMACEUTICALS, INC.

PAR PHARMACEUTICAL, INC.

WATSON LABORATORIES, INC.

TEVA PHARMACEUTICAL INDUSTRIES, LTD.

TEVA PHARMACEUTICALS USA, INC.

AMNEAL PHARMACEUTICALS, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

PETER R. KOHN

Attorney at FARUQI & FARUQI, LLP

101 Greenwood Ave, Suite 600

Jenkintown, PA 19046

ANDREW WILLIAM KELLY

Attorney at ODOM & DES ROCHES LLP

650 Poydras St. Ste 2020

New Orleans, LA 70130

BRUCE E. GERSTEIN

Attorney at GARWIN GERSTEIN AND FISHER LLP

88 Pine Street, 10Th Floor

New York, NY 10005

CAITLIN G. COSLETT

Attorney at BERGER MONTAGUE PC

1818 Market Street, Suite 3600

Philadelphia, PA 19103

DAN LITVIN

Attorney at GARWIN GERSTEIN & FISHER LLP

1501 Broadway Ste 1416

New York, NY 10036

DAVID C. RAPHAEL, JR.

Attorney at SMITH SEGURA & RAPHAEL LLP

3600 Jackson St Suite 111

Alexandria, LA 71303

DAVID F. SORENSEN

Attorney at BERGER MONTAGUE PC

1818 Market Street, Suite 3600

Philadelphia, PA 19103

JOSEPH T. LUKENS

Attorney at FARUQI & FARUQI

101 Greenwood Ave Ste 600

Jenkintown, PA 19046

RUSSELL A. CHORUSH

Attorney at Heim, Payne & Chorush LLP

1111 Bagby Street, Suite 2100

Houston, TX 77002

STUART E. DESROCHES

Attorney at ODOM & DES ROCHES, LLP

650 Poydras Street, Suite 2020

New Orleans, LA 70130

SUSAN C. SEGURA

Attorney at SMITH SEGURA RAPHAEL & LEGER LLP

221 Ansley Blvd

Alexandria, LA 71303

WILLIAM B. COLLIER, JR.

Attorney at HEIM, PAYNE & CHORUSH LLP

1111 Bagby Ave., Suite 2100

Houston, TX 77002

ZACHARY D. CAPLAN

Attorney at BERGER MONTAGUE PC

1818 Market Street, Suite 3600

Philadelphia, PA 19103

Defendant Attorneys

STEVEN A. REED

Attorney at MORGAN LEWIS

1701 Market Street

Philadelphia, PA 19103-7042

MELINA R. DIMATTIO

Attorney at MORGAN LEWIS & BOCKIUS LLP

1701 Market St.

Philadelphia, PA 19103

R. BRENDAN FEE

Attorney at MORGAN LEWIS & BOCKIUS LLP

1701 Market Street

Philadelphia, PA 19103

FORREST LOVETT

Attorney at DECHERT LLP

2929 Arch St

Philadelphia, PA 19104-2808

GEORGE G. GORDON

Attorney at DECHERT LLP

2929 Arch St

Philadelphia, PA 19104-2808

JOHN MCCLAM

Attorney at DECHERT LLP

2929 Arch Street

Philadelphia, PA 19104

JULIA CHAPMAN

Attorney at DECHERT LLP

2929 Arch St

Philadelphia, PA 19104

8 More Attorneys Available

 

Court Documents

#92

(#92) ORDER THAT AN INITIAL PRETRIAL CONFERENCE IS SET FOR 10/4/21 AT 11:30 AM VIA TELEPHONE BEFORE HONORABLE MARK A. KEARNEY. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/28/21. 9/28/21 ENTERED & E-MAILED.(fdc) (Entered: 09/28/2021)

#91

(#91) ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE TIMOTHY J. SAVAGE TO HONORABLE MARK A. KEARNEY FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 9/24/21. 9/24/21 ENTERED & E-MAILED.(fdc) (Entered: 09/24/2021)

#90

(#90) Statement Defendants Position Statement Regarding Proposed ESI Protocol by AMNEAL PHARMACEUTICALS, LLC, ENDO PHARMACEUTICALS, INC., PAR PHARMACEUTICAL, INC., TAKEDA PHARMACEUTICALS, U.S.A., INC., TEVA PHARMACEUTICALS USA, INC., WATSON LABORATORIES, INC.. (FEE, R.) (Entered: 09/24/2021)

#89

(#89) Statement / PLAINTIFFS' POSITION STATEMENT REGARDING ESI PROTOCOL DISPUTES SET FORTH IN ECF NO. 88 by VALUE DRUG COMPANY. (CAPLAN, ZACHARY) (Entered: 09/24/2021)

88 #1

[PROPOSED] ORDER GOVERNING ELECTRONIC DISCOVERY (ESI PROTOCOL)

88 #88

Main Document

#87

(#87) NOTICE of Appearance by BRUCE E. GERSTEIN on behalf of VALUE DRUG COMPANY (GERSTEIN, BRUCE) (Entered: 09/09/2021)

#86

(#86) NOTICE of Appearance by DAN LITVIN on behalf of VALUE DRUG COMPANY (LITVIN, DAN) (Entered: 09/09/2021)

#85

(#85) NOTICE of Appearance by RUSSELL A. CHORUSH on behalf of VALUE DRUG COMPANY with Certificate of Service(CHORUSH, RUSSELL) (Entered: 09/09/2021)

#6

(#6) MOTION for Pro Hac Vice of Bruce E. Gerstein ( Filing fee $ 40 receipt number APAEDC-15328668.) filed by VALUE DRUG COMPANY.Certificate of Service.(KOHN, PETER) (Entered: 08/10/2021)

#5

(#5) NOTICE of Appearance by CAITLIN G. COSLETT on behalf of VALUE DRUG COMPANY with CERTIFICATE OF SERVICE(COSLETT, CAITLIN) (Entered: 08/06/2021)

#4

(#4) NOTICE of Appearance by DAVID F. SORENSEN on behalf of VALUE DRUG COMPANY with CERTIFICATE OF SERVICE(SORENSEN, DAVID) (Entered: 08/06/2021)

#3

(#3) Praecipe to Issue Summons by VALUE DRUG COMPANY. (KOHN, PETER) (Entered: 08/05/2021)

#2

(#2) Disclosure Statement Form pursuant to FRCP 7.1 by VALUE DRUG COMPANY.(KOHN, PETER) (Entered: 08/05/2021)

1 #3

Case Management Track Form

1 #2

Designation Form

1 #1

Civil Cover Sheet

1 #1

Main Document

145 More Documents Available
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Docket Entries

  • 09/28/2021
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  • Docket(#92) ORDER THAT AN INITIAL PRETRIAL CONFERENCE IS SET FOR 10/4/21 AT 11:30 AM VIA TELEPHONE BEFORE HONORABLE MARK A. KEARNEY. SIGNED BY HONORABLE MARK A. KEARNEY ON 9/28/21. 9/28/21 ENTERED & E-MAILED.(fdc) (Entered: 09/28/2021)

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  • 09/24/2021
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  • Docket(#91) ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE TIMOTHY J. SAVAGE TO HONORABLE MARK A. KEARNEY FOR ALL FURTHER PROCEEDINGS. SIGNED BY CLERK OF COURT KATE BARKMAN, CLERK OF COURT ON 9/24/21. 9/24/21 ENTERED & E-MAILED.(fdc) (Entered: 09/24/2021)

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  • 09/24/2021
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  • Docket(#90) Statement Defendants Position Statement Regarding Proposed ESI Protocol by AMNEAL PHARMACEUTICALS, LLC, ENDO PHARMACEUTICALS, INC., PAR PHARMACEUTICAL, INC., TAKEDA PHARMACEUTICALS, U.S.A., INC., TEVA PHARMACEUTICALS USA, INC., WATSON LABORATORIES, INC.. (FEE, R.) (Entered: 09/24/2021)

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  • 09/24/2021
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  • Docket(#89) Statement / PLAINTIFFS' POSITION STATEMENT REGARDING ESI PROTOCOL DISPUTES SET FORTH IN ECF NO. 88 by VALUE DRUG COMPANY. (CAPLAN, ZACHARY) (Entered: 09/24/2021)

    Read MoreRead Less
  • 09/22/2021
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  • Docket(#88) Letter dated JOINT LETTER dated Sept. 22, 2021 re Disputes Concerning [PROPOSED] ORDER GOVERNING ELECTRONIC DISCOVERY (ESI PROTOCOL) by VALUE DRUG COMPANY. (Attachments: #1 [PROPOSED] ORDER GOVERNING ELECTRONIC DISCOVERY (ESI PROTOCOL))(CAPLAN, ZACHARY) (Entered: 09/22/2021)

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  • 09/09/2021
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  • Docket(#87) NOTICE of Appearance by BRUCE E. GERSTEIN on behalf of VALUE DRUG COMPANY (GERSTEIN, BRUCE) (Entered: 09/09/2021)

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  • 09/09/2021
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  • Docket(#86) NOTICE of Appearance by DAN LITVIN on behalf of VALUE DRUG COMPANY (LITVIN, DAN) (Entered: 09/09/2021)

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  • 09/09/2021
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  • Docket(#85) NOTICE of Appearance by RUSSELL A. CHORUSH on behalf of VALUE DRUG COMPANY with Certificate of Service(CHORUSH, RUSSELL) (Entered: 09/09/2021)

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  • 09/09/2021
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  • Docket(#84) NOTICE of Appearance by WILLIAM B. COLLIER, JR on behalf of VALUE DRUG COMPANY with Certificate of Service(COLLIER, WILLIAM) (Entered: 09/09/2021)

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  • 09/08/2021
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  • Docket(#83) Report Of Rule 26(f) Meeting by VALUE DRUG COMPANY. (KOHN, PETER) (Entered: 09/08/2021)

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75 More Docket Entries
  • 08/10/2021
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  • Docket(#9) MOTION for Pro Hac Vice of Andrew W. Kelly ( Filing fee $ 40 receipt number APAEDC-15328699.) filed by VALUE DRUG COMPANY.Certificate of Service.(KOHN, PETER) (Entered: 08/10/2021)

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  • 08/10/2021
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  • Docket(#8) MOTION for Pro Hac Vice of Stuart E. Des Roches ( Filing fee $ 40 receipt number APAEDC-15328691.) filed by VALUE DRUG COMPANY.Certificate of Service.(KOHN, PETER) (Entered: 08/10/2021)

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  • 08/10/2021
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  • Docket(#7) MOTION for Pro Hac Vice of Dan Litvin ( Filing fee $ 40 receipt number APAEDC-15328683.) filed by VALUE DRUG COMPANY.Certificate of Service.(KOHN, PETER) (Entered: 08/10/2021)

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  • 08/10/2021
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  • Docket(#6) MOTION for Pro Hac Vice of Bruce E. Gerstein ( Filing fee $ 40 receipt number APAEDC-15328668.) filed by VALUE DRUG COMPANY.Certificate of Service.(KOHN, PETER) (Entered: 08/10/2021)

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  • 08/06/2021
  • DocketSummons Issued as to AMNEAL PHARMACEUTICALS, LLC, ENDO PHARMACEUTICALS, INC., PAR PHARMACEUTICAL, INC., TAKEDA PHARMACEUTICALS, U.S.A., INC., TEVA PHARMACEUTICAL INDUSTRIES, LTD., TEVA PHARMACEUTICALS USA, INC., WATSON LABORATORIES, INC.. Forwarded To: Peter R. Kohn on 8/6/21 (fdc) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#5) NOTICE of Appearance by CAITLIN G. COSLETT on behalf of VALUE DRUG COMPANY with CERTIFICATE OF SERVICE(COSLETT, CAITLIN) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#4) NOTICE of Appearance by DAVID F. SORENSEN on behalf of VALUE DRUG COMPANY with CERTIFICATE OF SERVICE(SORENSEN, DAVID) (Entered: 08/06/2021)

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  • 08/05/2021
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  • Docket(#3) Praecipe to Issue Summons by VALUE DRUG COMPANY. (KOHN, PETER) (Entered: 08/05/2021)

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  • 08/05/2021
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  • Docket(#2) Disclosure Statement Form pursuant to FRCP 7.1 by VALUE DRUG COMPANY.(KOHN, PETER) (Entered: 08/05/2021)

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  • 08/05/2021
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  • Docket(#1) COMPLAINT against AMNEAL PHARMACEUTICALS, LLC, ENDO PHARMACEUTICALS, INC., PAR PHARMACEUTICAL, INC., TAKEDA PHARMACEUTICALS, U.S.A., INC., TEVA PHARMACEUTICAL INDUSTRIES, LTD., TEVA PHARMACEUTICALS USA, INC., WATSON LABORATORIES, INC. ( Filing fee $ 402 receipt number APAEDC-15319904.), filed by VALUE DRUG COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Designation Form, #3 Case Management Track Form)(KOHN, PETER) (Entered: 08/05/2021)

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