For years, Celgene Corporation (“Celgene”) has engaged in an unlawful anticompetitive scheme to exclude generic competition from the market for its brand-named drugs, Thalomid and Revlimid. Hausfeld represents a class of plaintiffs, who allege that Celgene engaged in a multi-faceted scheme to maintain its monopoly and interfere with competitors’ efforts to enter the market with generic versions of Thalomid and Revlimid. By doing so, Celgene has delayed the onset of generic competition and charged users billions of dollars for these products. Celgene’s scheme includes using FDA safety requirements as a pretext to delay the availability of cost-saving generic alternatives, fraudulently obtaining patents on the procedures to ensure safe use of Thalomid and Revlimid, and engaging in sham litigation against competitors who managed to obtain samples for generic bioequivalence testing.
Hausfeld has been appointed co-lead class counsel on behalf of all class of end payors of Thalomid or Revlimid.
On October 2, 2017, Hausfeld filed a motion to certify a class of all persons or entities who purchased and/or paid for some or all of the purchase price for thalidomide in any form after November 6, 2010 or lenalidomide in any form after January 29, 2011, in California, the District of Columbia, Florida, Kansas, Maine, Massachusetts, Michigan, Nebraska, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, or Tennessee, for consumption by themselves, their families, or their members, employees, insureds, participants, or beneficiaries (with certain exclusions). Plaintiffs’ motion to certify the class can be found below.