FAQ's

1. What is the lawsuit about?

The lawsuit alleges Defendants, delayed the availability of an allegedly less-expensive generic version through allegedly anticompetitive agreements with the other Defendants. Plaintiffs (those who brought the suit) allege that Defendants did so through the unlawful settlement of patent lawsuits in which the patents covering Solodyn were in dispute. Plaintiffs claim that Defendants’ actions denied End-Payors who paid for Solodyn® the benefits of competition and caused them to pay higher prices for Solodyn® than they otherwise would have.

Defendants deny these claims and deny they did anything wrong. No court or other authority has found that Defendants engaged in any wrongdoing. This notice is not an expression of any opinion by the Court as to the merits of Plaintiffs’ claims or the defenses asserted by Defendants.

This case does not involve the safety or effectiveness of Solodyn® or generic versions of Solodyn®.

2. What is the current status of the lawsuit?

Plaintiffs have agreed to settle with Defendant Medicis Pharmaceutical Corp and Impax Laboratories, Inc. The lawsuit is currently pending in the United States District Court for the District of Massachusetts before United States District Judge Denise J. Casper. The case name is In re Solodyn (Minocycline Hydrochloride) Antitrust Litigation, and the civil action number is 1:14-md-2503-DJC (D. Mass.). The Court has set a Final Approval Hearing for the proposed with Medicis Pharmaceutical Corp on July 11, 2018 at 2:00 p.m. in Courtroom 11 at the John Joseph Moakley United States Courthouse, 1 Courthouse Way, Courtroom, Boston, Massachusetts 02210. The Court has set a Final Approval Hearing for the proposed Settlement with Impax Laboratories, Inc. on July 18, 2018 at 3:00 p.m. in Courtroom 11 at the John Joseph Moakley United States Courthouse, 1 Courthouse Way, Courtroom, Boston, Massachusetts 02210. The Court may continue the Final Approval Hearing without further notice so please consult www.SolodynCase.com for any updates on deadlines.

The other defendants (Lupin Limited, Lupin Pharmaceuticals Inc., and Sandoz Inc.) already settled.

3. What does the Settlement provide?

Defendant Medicis Pharmaceutical Corp has agreed to pay twenty-three million dollars ($23,000,000.00) in cash into the Settlement Fund (which will include any earnings or interest that accrues). End-Payor Class Plaintiffs’ Counsel will apply to the Court for an award of attorneys’ fees (of up to thirty-three and one-third percent (33⅓%) of the Settlement Fund), a proportionate share of the interest earned on the Settlement Fund, and expenses, incentive awards to the Class Representatives of $10,000.00 each their services to the Class (and an additional $10,000 to a Class Representative that is preparing to testify at trial, and payment for costs of administering the settlement from the fund. The remainder (the “Net Settlement Fund”) will be divided among Class Members. Plaintiffs’ Counsel may also apply for additional attorneys’ fees and costs incurred for services rendered to defend any appeals from final approval of the Settlement, additional services rendered in connection with claims administration, and to enforce the terms of the Settlement.

Defendant Impax Laboratories, Inc. has agreed to pay twenty million dollars ($20,000,000.00) in cash into the Settlement Fund (which will include any earnings or interest that accrues). End-Payor Class Plaintiffs’ Counsel will apply to the Court for an award of attorneys’ fees (of up to thirty-three and one-third percent (33⅓%) of the Settlement Fund), a proportionate share of the interest earned on the Settlement Fund, and expenses, incentive awards to the Class Representatives of $10,000.00 each for their services to the Class (and an additional $10,000 to a Class Representative that testified at trial) and payment for costs of administering the settlement from the fund. The remainder (the “Net Settlement Fund”) will be divided among Class Members. Plaintiffs’ Counsel may also apply for additional attorneys’ fees and costs incurred for services rendered to defend any appeals from final approval of the Settlement, additional services rendered in connection with claims administration, and to enforce the terms of the Settlement.

4. What are members of the Class giving up in exchange for the Settlement

In exchange for the Settlements, members of the Class will agree to a “Release of Claims” against the Defendants as follows:

Upon the Settlement Agreement becoming final, Plaintiffs and the End-Payor Class, except those who have requested exclusion from the Class and such request has been approved by the Court, shall unconditionally, fully and finally release and forever discharge and covenant not to sue Defendant, any past, present, and future parents, subsidiaries, divisions, affiliates, joint ventures, stockholders, officers, directors, management, supervisory boards, insurers, general or limited partners, employees, agents, trustees, associates, attorneys and any of their legal representatives, or any other representatives thereof (and the predecessors, heirs, executors, administrators, successors and assigns of each of the foregoing) (the “Released Parties”) from any and all manner of claims, rights, debts, obligations, demands, actions, suits, causes of action, damages whenever incurred, liabilities of any nature whatsoever, known or unknown, suspected or unsuspected, fixed or contingent, including costs, expenses, penalties and attorneys’ fees, accrued in whole or in part, in law or equity, that Plaintiffs or any member or members of the End-Payor Class (including any of their past, present, or future officers, directors, insurers, general or limited partners, divisions, stockholders, agents, attorneys, employees, legal representatives, trustees, parents, associates, affiliates, joint ventures, subsidiaries, heirs, executors, administrators, predecessors, successors and assigns, acting in their capacity as such) (the “Releasors”), whether or not they object to the Settlement, ever had, now has, or hereafter can, shall or may have, indirectly, representatively, derivatively or in any other capacity, arising out of or relating in any way to:

(1)  Any conduct alleged in the End-Payor Class Action and/or that could have been alleged in the End-Payor Class Action, or

(2)  Any conduct alleged, or that could have been alleged, in any other complaint filed in any action in any court related to the End-Payor Class Action (the “Related Actions”) provided only that such conduct occurred or allegedly occurred prior to the date of this Settlement Agreement (the “Released Claims”). Releasors hereby covenant and agree that each shall not sue or otherwise seek to establish or impose liability against any Released Party based, in whole or in part, on any of the Released Claims, including claims that were alleged in the End-Payor Class Action.

In addition, Plaintiffs on behalf of themselves and all other Releasors, hereby expressly waive, release and forever discharge, upon the Settlement becoming final, any and all provisions, rights and benefits conferred by §1542 of the California Civil Code, which reads:

“Section 1542. General Release; extent. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor[;]”

or by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable or equivalent to § 1542 of the California Civil Code. Releasors may hereafter discover facts other than or different from those which he, she or it knows or believes to be true with respect to the claims which are the subject matter of this paragraph, but each Releasor hereby expressly waives and fully, finally and forever settles, releases and discharges, upon this Settlement becoming final, any known or unknown, suspected or unsuspected, asserted or unasserted, contingent or non-contingent claim that would otherwise fall within the definition of Released Claims, whether or not concealed or hidden, without regard to the subsequent discovery or existence of such different or additional facts. Each Plaintiff and member of the End-Payor Class also hereby expressly waives and fully, finally and forever settles, releases and discharges any and all claims it may have against any Released Party under § 17200, et seq., of the California Business and Professions Code or any similar comparable or equivalent provision of the law of any other state or territory of the United States or other jurisdiction, which claims are expressly incorporated into the definition of Released Claims.

This settlement is not intended to and does not release claims under Article 2 of the Uniform Commercial Code (pertaining to Sales), the laws of negligence or product liability or implied warranty, breach of contract, breach of express warranty, or personal injury, or other claims wholly unrelated to the allegations in the End-Payor Class Action or to allegations that could have been alleged or asserted in the Action.

The Settlement Agreement, available at www.SolodynCase.com, fully describes the Settlement and the Released Claims. If you have any questions, you can talk with the lawyers listed on the Contact Page for free, or you can, of course, talk with your own lawyer if you have questions about what this means.

5. I am an individual who purchased or paid for Solodyn and/or its generic equivalent; how do I know if I am a member of the Class?

As a Consumer, you may be a member of the Class if:

•  At any time from July 23, 2009 until February 25, 2018, you purchased or paid for some or all of the purchase price for 45mg, 55mg, 65mg, 80mg, 90mg, 105mg, 115mg, and/or 135mg Solodyn and/or its generic versions of one or more of these dosages, in Alabama, Alaska, Arizona, Arkansas, California, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming, the District of Columbia and Puerto Rico, in tablet form, for consumption by yourself or your family.

•  The following are NOT members of the Class:

    o    Defendants and their counsel, officers, directors, management, employees, subsidiaries, or affiliates;

    o    All persons or entities that purchased Solodyn or its generic equivalents for purposes of resale or directly from the Defendants or their affiliates;

    o    Flat co-payers (consumers who paid the same co-payment amount for brand and generic drugs); and

    o    The judges in this case and any members of their immediate families.

6. I am a Third-Party Payor that has purchased or paid for Solodyn and/or its generic equivalent; how do I know if I am a member of the Settlement Class?

As a Third-Party Payor, you may be a member of the Class if:

•  At any time from July 23, 2009 until February 25, 2018 you purchased, paid and/or reimbursed for some or all of the purchase price for 45mg, 55mg, 65mg, 80mg, 90mg, 105mg, 115mg, and/or 135mg Solodyn and/or its generic versions of one or more of these dosages in Alabama, Alaska, Arizona, Arkansas, California, Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Utah, Vermont, Washington, West Virginia, Wisconsin, Wyoming, the District of Columbia and Puerto Rico, in tablet form, for consumption by your members, employees, insureds, participants, or beneficiaries.

•  As a Third-Party Payor, you are NOT a member of the Class if you are among any of the following:

    o    Defendants and their counsel, officers, directors, management, employees, subsidiaries, or affiliates;

    o    All federal or state governmental entities, excluding cities, towns, or municipalities with self-funded prescription drug plans;

    o    All persons or entities that purchased Solodyn or its generic equivalents for purposes of resale or directly from the Defendants or their affiliates;

    o    Fully insured health plans (plans that purchased insurance from another Third-Party Payor covering 100% of the plan’s reimbursement obligations to its members); and

    o    Pharmacy Benefits Managers.

Third-Party Payors include all health insurance companies, third-party administrators, health maintenance organizations, health and welfare plans that make payments from their own funds, and other health benefit providers and entities with self-funded plans that contract with a health insurer or administrator to administer their prescription drug benefits. Third-Party Payors include such private entities that may provide prescription drug benefits for current or former public employees and/or public benefits programs, but only to the extent that such a private entity purchased Solodyn and/or its generic equivalent for consumption by its members, employees, insureds, participants, or beneficiaries. For purposes of this definition, an entity “paid for” Solodyn and/or its generic equivalent if it paid some or all of the purchase price.

7. How much money can I get?

At this time, it is unknown how much each member of the Class who submits a valid claim will receive. Payments will be based on a number of factors, including the number of valid claims filed by all members of the Class and the dollar value of each member of the Class’ purchase(s) in proportion to the total claims filed. No matter how many claims are filed, no money will be returned to the Defendants once the Court finally approves the Settlement. In order to receive a payment, you will need to file a valid claim form before the claims period ends.

The net settlement funds, after the payment of Court-approved attorneys’ fees, reimbursement of expenses, incentive awards, escrow fees, and claims administration fees and costs, shall be distributed to eligible members of the Class according to the Plan of Allocation. Complete details of how your recovery will be calculated are in the Plan of Allocation, which is available on th4e Court Documents page.

8. When would I get a payment?

The Court must approve the Settlement and any appeals resolved, before any money is distributed to Class members. The Settlement Administrator must also complete processing all of the Claim Forms and determine distribution amounts. This process can take several months.

9. What do I need to do to get a payment?

To be eligible to receive a payment if the Court approves the Settlement, you must complete and submit a valid Claim Form by July 31, 2018.

10. What does it mean to object?

Objecting is telling the Court that you don’t like something about the proposed Settlement, the request for attorneys’ fees and reimbursement of expenses, or request for payment of incentive awards to the Class Representatives. You can give reasons why you think the Court should not approve it. The Court will consider your views before making a decision, but if the Court rejects your objection you will remain a member of the Class.

11. How do I object to the proposed Settlements?

Medicis Pharmaceutical Corp.

To object, you must prepare and sign a written objection that includes: (1) the case name and number (“In re Solodyn (Minocycline Hydrochloride) Antitrust Litigation, Civil No. 1:14-md-2503-DJC”); (2) your full name, current address, and telephone number; (3) a written statement of your objections and the specific reasons for each; (4) any supporting papers, evidence, or documents; (5) a statement of whether you intend to appear and present your objections at the Fairness Hearing and (6) your signature. You must file your objection with the Court, and mail copies to Class Counsel and Defense Counsel postmarked NOT LATER THAN MAY 28, 2018.

Court Class Counsel Defense Counsel
John Joseph Moakley
United States Courthouse
1 Courthouse Way
Boston, MA 02210
Michael M. Buchman
MOTLEY RICE LLC
600 Third Avenue, Suite 2101
New York, NY 10016

Steve Shadowen
HILLIARD & SHADOWEN LLP
2407 S. Congress Ave., Ste. E 122
Austin, TX 78704
Steven C. Sunshine
Tara L. Reinhart
Julia K. York
Sean M. Tepe

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
1440 New York Ave. NW
Washington DC, 20005
Telephone: (202) 371-7000

Impax Laboratories, Inc.

To object, you must prepare and sign a written objection that includes: (1) the case name and number (“In re Solodyn (Minocycline Hydrochloride) Antitrust Litigation, Civil No. 1:14-md-2503-DJC”); (2) your full name, current address, and telephone number; (3) a written statement of your objections and the specific reasons for each; (4) any supporting papers, evidence, or documents; (5) a statement of whether you intend to appear and present your objections at the Fairness Hearing and (6) your signature. You must file your objection with the Court, and mail copies to Class Counsel and Defense Counsel postmarked NOT LATER THAN June 18, 2018.

Court Class Counsel Defense Counsel
John Joseph Moakley
United States Courthouse
1 Courthouse Way
Boston, MA 02210
Michael M. Buchman
MOTLEY RICE LLC
600 Third Avenue, Suite 2101
New York, NY 10016

Steve Shadowen
HILLIARD & SHADOWEN LLP
2407 S. Congress Ave., Ste. E 122
Austin, TX 78704
J. Douglas Baldridge
Lisa Jose Fales
Danielle R. Foley

VENABLE LLP
600 Massachusetts Ave., NW
Washington, D.C. 20001

12. What happens if I do nothing at all?

If you do nothing, you will not receive a payment if the Settlements are approved.

13. As a member of the Settlement Class, do I have a lawyer representing my interests in this Class Action and the Settlements?

Yes. The Court has appointed lawyers to represent you and other members of the Class. These lawyers are called Class Counsel. You will not be charged individually for these lawyers. They will ask the Court to approve an award for attorneys’ fees and expenses in connection with the Soldoyn Antitrust Litigation. The following lawyers represent the Class:

  Counsel for the Class  
Michael M. Buchman
MOTLEY RICE LLC
600 Third Avenue, Suite 2101
New York, NY 10016
212-577-0040
  Steve Shadowen
HILLIARD & SHADOWEN LLP
2407 S. Congress Ave., Ste. E 122
Austin, TX 78704
855-344-3298

14. How will the lawyers representing the Class be compensated? Will the named Plaintiffs receive an incentive award?

If the Court gives Final Approval to the Settlements, then the Court will be asked to approve a fee to the lawyers representing the Class of up to thirty-three and one-third percent (33⅓%) of the Settlement Funds (including earnings and accrued interest) plus reimbursement to the lawyers for the costs and expenses they have paid. If the Court grants Class Counsel’s requests, these amounts would be deducted from each of the Settlement Funds. Class Counsel also will apply for incentive awards of $10,000.00 to each of the Class Representatives (and an additional $10,000 to one Class Representative that testified at trial) for their services to the Settlement Class.

15. Should I get my own lawyer?

You do not need to hire your own lawyer, but if you hire a lawyer to speak for you or appear in Court, your lawyer must file a Notice of Appearance. If you hire your own lawyer, you will have to pay for that lawyer on your own.

16. When and where will the Court determine whether to approve the Settlements?

The Final Approval Hearing for the Medicis Settlement will be on July 11, 2018 at 2:00 p.m. eastern and for the Impax Settlement on July 18, 2018 at 3:00 p.m before Judge Denise J. Casper in Courtroom 11 at the John Joseph Moakley United States Courthouse, 1 Courthouse Way, Courtroom, Boston, Massachusetts 02210. At these Hearings, the Court will consider whether the proposed Settlements and all of their terms are fair, reasonable, and adequate. If there are objections, the Court will consider them. The Court may listen to people who have asked for permission to speak at the Hearings. At or after the Final Approval Hearing, the Court will decide whether to finally approve each proposed Settlement. There may be appeals after that. We do not know how long these decisions will take.

The time and date of the Final Approval Hearings are subject to change without further notice. Please visit www.SolodynCase.com for updates.

17. Do I have to attend the Final Approval Hearing?

No. Class Counsel will answer any questions the Court may have. But you are welcome to come at your own expense. If you send an objection, you do not have to come to Court to talk about it. So long as you file your written objection on time, the Court will consider it. You may also pay another lawyer to attend, but that is not required.

18. May I speak at the Final Approval Hearing?

You may ask the Court for permission to speak at the Final Approval Hearing. To do so, you must include a Notice of Intent to Appear at the Final Approval Hearing with your objection (see Question 11 of the Notice). You must provide copies of any documents you intend to rely upon, including the names and addresses of any witnesses who will appear at the Final Approval Hearing, and the name of any counsel representing you as an objector. Ultimately, the Court will decide who will be allowed to speak at the Final Approval Hearing. You cannot speak at the hearing if you excluded yourself as a Class Member previously or if you do not send a notice of intention to appear.

19. Where do I get more information?

Complete copies of public pleadings, Court rulings, and other filings are available for review and copying at the Clerk’s office. The address is John Joseph Moakley United States Courthouse, 1 Courthouse Way, Courtroom 11, Boston, Massachusetts 02210. Judge Denise J. Casper for the United States District Court for the District of Massachusetts is overseeing the Class Action. You can also review relevant Decisions and Orders online at www.SolodynCase.com.

Additional information about the Class Action and proposed Settlement is available on the case website at www.SolodynCase.com or you can call the Settlement Administrator toll-free at 1-800-332-7414. Please do not contact the Court or Judge Casper.

Important Dates

 

 Claim Period Begins

 

   Final Approval Hearing

 

 

 March 30, 2018

 

 

 Medicis - July 11, 2018 at 2:00 p.m.

 Impax - July 18, 2018 at 3:00 p.m.

 

 

 

 

 

 

 

Objection Deadline

 

 Claim Filing Deadline

 

 

Medicis - May 28, 2018 

Impax - June 18, 2018 

 

July 31, 2018