Court: United States District Court, Northern District of California
In re: Xyrem (Sodium Oxybate) Antitrust Litigation, Case No. 20-md-02966-LHK
Leadership Position: Plaintiffs’ Steering Committee
WBE is representing multiple plaintiffs in an antitrust suit against drug manufacturer Jazz Pharmaceuticals, Inc., maker of the blockbuster narcolepsy drug Xyrem. Plaintiffs allege that Jazz priced its drugs at anticompetitive prices and engaged in an anticompetitive scheme to delay the generic entry of Xyrem to the market, ensuring its monopoly on the drug. This alleged scheme includes acquiring bogus patents and attempting to enforce them with sham lawsuits, filing baseless citizen petitions with the FDA that had no chance of success, engaging in a series of unlawful market allocation agreements with generic competitors, and pursuing a plan to “product hop” to avoid generic substitution laws.
On May 12, 2023, the Court certified a damages class of third-party payors in 31 states and a nationwide injunctive relief class. The court also granted preliminary approval of a settlement with two defendants: Amneal and Lupin. The settlement releases all claims against Amneal and Lupin in exchange for a settlement fund of $3.4 million to be used to support continued litigation against the remaining defendants (Jazz and Hikma).
On May 16, 2025, the Court preliminarily approved proposed settlements with defendants Jazz and Hikma worth $195 million. On October 23, 2025, the Court will hold a fairness hearing concerning final approval of the settlements.