Berger & Montague is co-lead class counsel in a
challenge to a pay-for-delay deal for the birth control medication
Loestrin 24 Fe.
Berger & Montague represents a proposed class of direct
purchasers of Warner Chilcott's oral contraceptive drug Loestrin 24
Fe. Plaintiffs allege that Warner Chilcott and its would-be
generic competitors entered into a pay-for-delay conspiracy to
prevent purchasers from benefitting from lower priced generic
About the case:
On September 4, 2014, the district court granted defendants'
motion to dismiss. Plaintiffs appealed that decision to the
United States Court of Appeals for the First Circuit. The
Court of Appeals held oral argument in December 2015 at which the
Federal Trade Commission also appeared and argued in support of the
plaintiffs. Additionally, the Federal Trade Commission,
nearly 30 states, several public interest groups, and various major
retailers filed amicus briefs in support of the plaintiffs.
On February 22, 2016, the Court of Appeals vacated the district
court's dismissal and remanded the case for further