Hoosiers Eligible To File A Claim And Receive Funds From A $125 Million Multi-State Settlement With Biopharmaceutical

Attorney General Curtis Hill today is encouraging Hoosiers who may be eligible to join and receive money from a $125 million multi-state settlement with the biopharmaceutical company Cephalon to file a claim before the April 13 deadline.

The settlement resolved anticompetitive conduct involving the drug Provigil – which contains the active ingredient modafinil and is used to treat adult patients with excessive sleepiness associated with narcolepsy, obstructive sleep apnea and shift work disorder. The settlement includes $35 million to compensate eligible consumers in the 48 participating states and the District of Columbia. Hoosiers who purchased either brand-name Provigil or generic modafinal from June 24, 2006, to March 31, 2012, are eligible.

In August 2016, the Office of the Indiana Attorney General along with 48 other attorneys general announced the settlement with Cephalon, including its affiliated companies – Teva Pharmaceutical Industries and Teva Pharmaceuticals USA and Barr Laboratories. The settlement resolved allegations that the companies engaged in unlawful anticompetitive conduct involving the patent exclusively for Provigil, known as “pay-for-delay.”

“Pay for delay” conduct occurs when a branded drug company seeks to unlawfully maintain its exclusive rights by paying a would-be generic competitor to delay entry into the market and thus keep prices at artificially high levels.

As the patent for Provigil neared expiration in 2001, the states alleged that Cephalon intentionally mislead the United States Patent & Trademark Office (PTO) in order to secure an additional patent for the purpose of preventing competition. By misleading the PTO, Cephalon was able to obtain FDA exclusivity for modafinil until June 2006, and extend patent exclusivity until April 2012. A court subsequently deemed the additional patent invalid and unenforceable, but prior to that ruling, Cephalon was able to delay generic competition for over a decade by filing patent infringement lawsuits against all potential generic competitors.

For more information or to obtain a claim form, visit StateAGProvigilSettlement.com or call 1-877-236-1413. Indiana residents who are eligible have until April 13 to file a claim.