Provigil Litigation Settlements Given Final Approval

More than $65 million in settlements have just been given final approval in the long-running litigation over the drug Provigil and its generic versions (modafinil).  The settlements are between all of the defendants and a class of consumers and health plans in 26 states.  The case began in 2006 with claims of anti-competitive “pay-for-delay” deals in which the brand company paid generic manufacturers not to come to market, thus keeping Provigil prices inflated.  In approving the settlements Judge Mitchell Goldberg recognized their value and SRK’s efforts, noting that lead counsel “have actively, efficiently, and competently litigated this case for over twelve years. They have applied their past experience in handling antitrust class actions and their extensive knowledge of the applicable law, and they have committed extraordinary resources to this matter” and “have obtained a highly favorable settlement in an extremely complex case despite the fact that an end-payor litigation class was not certified.”  The Court’s detailed ruling and other relevant documents can be found on the settlement website,