• Contact Us
  • Company (current)
    About Us Contact Us India Predictive Analytics
  •     Careers
  • Practice Areas
    Antitrust Damages Employment Energy Health Care Intellectual Property International Arbitration Data Analytics Valuation Finance & Securities
    Antitrust Damages Employment Energy Health Care Intellectual Property International Arbitration Data Analytics Valuation Finance & Securities
    EconOne Antitrust
    Antitrust
    EconOne Damages
    Damages
    EconOne Employment
    Employment
    EconOne Energy
    Energy
    EconOne Health Care
    Health Care
    EconOne Intellectual Property
    Intellectual Property
    EconOne International Arbitration
    International Arbitration
    EconOne Data Analytics
    Data Analytics
    EconOne Valuation
    Valuation
    EconOne Finance Securities
    Finance & Securities
    Services
    • Class Certification
    • Damages Analysis/Calculation
    • Liability Issues
    • Price Fixing
    • Regulation
    • Market Definition
    • Vertical/Horizontal Arrangements
    • Predatory Conduct
    • Price Discrimination
    • Unfair Competition
    • Market Power
    • Bundling/Tying
    • Exclusive Contracts
    • Consulting/Market Studies
    View Antitrust
    Services
    • Antitrust
    • Consumer Fraud
    • Contract Breach
    • Employment Issues
    • Intellectual Property
    • Oil & Gas/Royalty Disputes
    • Wrongful Termination/Death
    View Damages
    Services
    • Class Certification
    • Damages Analysis
    • Wage & Hour
    • Discrimination--Racial, Gender, Age
    • EEOC/OFCCP Compliance
    • Hiring, Termination, Promotion Analyses
    • Impact of Reduction in Force Actions
    • Racial Profiling
    • Personal Injury/Wrongful Death
    View Employment
    Services
    • Antitrust & Market Power
    • Contract Breach
    • International Arbitrations
    • Merger Analysis
    • Royalty Disputes
    • Project Finance
    • Asset Valuation
    • Renewable Energy
    • Bankruptcy Advisory
    View Energy
    Services
    • Antitrust
    • Breach of Contract
    • Damages Analysis
    • False Claim Act
    • Government Investigations
    • Qui Tam Litigation
    • Generic Delay
    • Paragraph IV Litigation
    • Hatch-Waxman Act Litigation
    • Commercial Payor
    • Reimbursement Disputes
    • Statistical Sampling
    View Health Care
    Services
    • Damages Analysis/Calculation
    • Lost Profits
    • Reasonable Royalty
    • Antitrust Counterclaims
    • Trade Secrets/Trade Dress
    • Copyright Infringement
    View Intellectual Property
    Services
    • Commercial Arbitration
    • Investment Treaty Arbitration
    • Mediations
    • Economic Damages Calculation
    • Socio-Economic & Environmental Damages Calculation
    • Financial Damages Calculation
    • Business Valuation
    • Forensic Accounting Investigations
    • Economic Analysis
    • Financial Analysis
    • Quantum Analysis
    • Competition Analysis
    • Regulatory Analysis
    • Causation Analysis
    • Statistical Analysis
    • Contract Disputes
    • Market Assessment
    • Prices Analysis
    • Energy Issues
    • Forensic Accounting Investigations
    • Natural Resources
    • Business Interruption Activities & Loss of Profits
    • Fraud & Money Laundering Investigations
    • Insurance Claims Litigation/Mediation
    View International Arbitration
    Services
    • Antitrust
    • Corporate Data Analyses & Forecasting
    • Predictive Modeling
    • Civil Rights
    • Employment Issues
    • Energy
    • Fraud
    • Regional Analysis
    View Data Analytics
    Services
    • Employment stock option valuation
    • Intellectual Property
    • Settlement Services
    • Business Valuation
    • Patents/Reasonable Royalty
    • Competitive Alternatives
    • Franchise Economics And Valuation
    View Valuation
    Services
    • Misstatement and Omissions
    • Event Study Analyses
    • Market Manipulation Claims
    • ERISA Claims
    • Insider Trading Allegations
    • Financial Portfolio Enhancement
    • Security & Portfolio Analysis
    • Trading & Marketing Dynamics
    • Strategy Testing
    View Finance & Securities
  • Resources
    News / Events Podcasts Inside Economics EconOne Box Login
  • Find an Expert

In re: Lidoderm Antitrust Litigation

In re: Lidoderm Antitrust Litigation, Dr. Hal Singer served as expert for end payor plaintiffs, and Omer Gold managed the case. One of their primary assignments was to quantify the share of the class comprised of Brand Loyalists. Plaintiffs acknowledged that they could not identify Brand Loyalists for exclusion from the end payer plaintiffs (“EPP”) class. According to Defendants, the inability to exclude these class members, however small as a percentage of the total EPP class, rendered the class uncertifiable, because identifying them would create predominantly individualized issues.

Dr. Singer used a two-part method to calculate the size of the Brand Loyalists. First, using monthly sales data from IMS, he “backcasted” the percentage of brand share of total brand and generic drugs after generic entry, moving it backwards to the but-for entry date. Second, he multiplied the backcasted brand share by actual brand quantities to get the potential branded transactions, and then scaled by total class transactions. The estimation was corroborated by using data from Optum Health, which identifies individual consumers and yielded similar results.

Judge William H. Orrick, who presided in Lidoderm, ruled on Dr. Singer’s two part method citing the difference from prior pay for delay cases: “Here, however, the EPPs and their expert have developed a method for approximating the number of Brand Loyalists in the class using common evidence.” See Class Certification Order, In Re Lidoderm, 2017 14-md-02521-WHO (N.D. Cal. Feb. 21, 2017), at 31. He also stated: “at this juncture, Singer has appropriately accounted for Brand Loyalists in his model.”

In September 2018, Judge Orrick approved a settlement ending claims that Teikoku, Endo and Actavis violated antitrust laws by stalling the release of a generic form of Lidoderm, finalizing a $104.7 million deal with end payors and a $166 million deal with direct purchasers.

Share this case study:

Company
  • About Us
  • Contact Us
  • India
Resources
  • News / Events
  • Podcasts
Practice Areas
  • Antitrust
  • Damages
  • Employment
  • Energy
  • Health Care
  • Intellectual Property
  • International Arbitration
  • Data Analytics
  • Valuation
  • Finance & Securities
Location
  • Chennai
  • Denver
  • Houston
  • Los Angeles
  • Memphis
  • New Delhi
  • New York, NY
  • Sacramento
  • Washington, D.C.
  • Careers
  • Sitemap
  • Social Media

EconOne © 2023

  • Español