Thalomid and Revlimid

Thalomid and Revlimid Antitrust Litigation

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Update: On August 1, 2019, the Court preliminarily approved a $55 million settlement in this litigation. More information is available at the settlement website.

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.

The Court denied Celgene’s motion to dismiss on October 29, 2015. [insert link to the decision.] After the parties engaged in extensive briefing and discovery, on July 24, 2019, the parties announced that they had reached a settlement on behalf of all persons or entities who purchased and/or paid for some or all of the purchase price of Thalomid or Revlimid in any form, before August 1, 2019, 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.

The Court has scheduled a final fairness hearing for January 6, 2020.

If you have any questions about this settlement, please visit

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