Block & Leviton serves as Co-Lead Counsel in a lawsuit against Celgene Corporation for the illegal monopolization and restraint of trade in the market for thalidomide (sold under the brand name Thalomid) and lenalidomide (sold under the brand name Revlimid), both of which are used primarily to treat multiple myeloma. Block & Leviton represents a class of plaintiffs who allege that Celgene engaged in a multi-faceted scheme to maintain its monopoly and interfere with potential competitors’ efforts to enter the market with generic versions of Thalomid and Revlimid.
Plaintiffs allege that Celgene’s misconduct delayed the onset of generic competition, resulting in billions of dollars in overcharges for these drugs. Celgene’s anticompetitive misconduct included: (1) using the Thalomid and Revlimid REMS programs, which are intended to ensure safe access to these drugs, as a pretext to block generic entry; (2) listing in the Orange Book and suing to enforce invalid patents; (3) refusing to sell samples of Thalomid and Revlimid necessary to develop generics; and (4) entering into anticompetitive, “pay-for-delay” settlement agreements with generic manufacturers.
In July 2019, the parties reached a settlement worth $55 million. However, on December 23, 2019, Celgene exercised its right to rescind the settlement after certain class members excluded themselves therefrom.
On April 3, 2020, the parties reached a new settlement for $34 million. Celgene does not have the right to rescind this settlement.