KING DRUG COMPANY OF FLORENCE, INC vs. CEPHALON, INC., ET AL

Filing 706

MEMORANDUM AND/OR OPINION ORDER THAT THE MOTIONS FILED BY CEPHALON AND THE GENERIC DEFENDANTS ARE GRANTED AS OUTLINED HEREIN. THE MOTION FILED BY THE DIRECT PURCHASER CLASS PLAINTIFFS IS DENIED AS OUTLINED HEREIN. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 6/23/2014. 6/23/2014 ENTERED AND COPIES MAILED AND E-MAILED. (ems)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

______________________________________________________________________________
:
KING DRUG COMPANY OF FLORENCE, INC., :
CIVIL ACTION
et al.,
:
Plaintiffs,
:
:
v.
:
No. 2:06-cv-1797
:
CEPHALON, INC., et al.,
:
Defendants.
:
_________________________________________ :__________________________________
:
VISTA HEALTHPLAN, INC., et al.,
:
CIVIL ACTION
Plaintiffs,
:
:
v.
:
No. 2:06-cv-1833
:
CEPHALON, INC., et al.,
:
Defendants.
:
_________________________________________ :__________________________________
:
APOTEX, INC.,
:
CIVIL ACTION
Plaintiff,
:
:
v.
:
No. 2:06-cv-2768
:
CEPHALON, INC., et al.,
:
Defendants.
:
_________________________________________ :___________________________________

ORDER
AND NOW, this 23rd day of June, 2014, upon consideration of Cephalon’s “Motion for
Partial Summary Judgment Against Plaintiffs’ Claims of an Overall Conspiracy Among All
Defendants” (06-1797, doc. no. 522; 06-1833, doc. no. 236; 06-2768, doc. no. 600); Generic
Defendants’ “Motion for Partial Summary Judgment on Plaintiffs’ Claims of an Overall
Conspiracy” (06-1797, doc. no. 523; 06-1833, doc. no. 237; 06-2768, doc. no. 604); and Direct
Purchaser Class Plaintiffs’ “Motion for Partial Summary Judgment With Respect to Their
Section One Claim That Cephalon Orchestrated a Horizontal Conspiracy Between and Among
The Generic Defendants Not to Compete” (06-1797, doc. no. 519), and the various oppositions
and replies, and for the reasons set forth in the accompanying Memorandum Opinion, it is
ORDERED that:
 The motions filed by Cephalon and the Generic Defendants are GRANTED.1
 The motion filed by the Direct Purchaser Class Plaintiffs is DENIED.
BY THE COURT:
/s/ Mitchell S. Goldberg
______________________________
Mitchell S. Goldberg, J.
1

Specifically, summary judgment is granted in favor of all Defendants and against the
Direct Purchaser Class Plaintiffs with respect to Counts V and VIII of the Second Consolidated
Amended Class Action Complaint. Further, summary judgment is granted in favor of the Generic
Defendants and against the Direct Purchaser Class Plaintiffs with respect to Count VI of the
Second Consolidated Amended Class Action Complaint.
Summary judgment is also granted in favor of all Defendants and against the End Payor
Class Plaintiffs with respect to Counts I, III, and IV of the Amended Consolidated Class Action
Complaint, to the extent each is based on allegations of an overall conspiracy among all
Defendants or between the Generic Defendants.
Summary judgment is granted in favor of all Defendants and against Apotex with respect
to Counts X and XI of the Second Amended Complaint, to the extent each is based on allegations
of an overall conspiracy among all Defendants or between the Generic Defendants.
Finally, with respect to the Individual Plaintiffs, summary judgment will be entered in
favor of all Defendants and against the Individual Plaintiffs with respect to Counts V, VI, and
VIII of their respective Complaints.