Solodyn Antitrust Litigation

MDL No. 14-md-2503-DJC

If you bought (a) Solodyn or generic Solodyn (extended-release minocycline hydrochloride tablets) directly from Medicis Pharmaceutical Corp., Impax Laboratories, Inc., and/or other manufacturers in the 45mg, 55mg, 65mg, 80mg, 90mg, 105mg, 115mg, and/or 135mg Strengths between July 23, 2009 and November 25, 2012 and/or (b) brand Solodyn tablets directly from Medicis Pharmaceutical Corp. or its affiliates in the 55mg, 65mg, 80mg, 105mg, and/or 115mg Strengths between November 26, 2012 and November 30, 2015, you could get a payment from two, separate class action settlements.

Important Dates

May 28, 2018 - Deadline to submit an objection; must be postmarked by this date.

July 18, 2018 at 2:00 p.m. - Fairness Hearing

December 14, 2018 - Deadline to submit a Claim Form.

The Notice has important information if you purchased (a) Solodyn or generic Solodyn (extended-release minocycline hydrochloride tablets) directly from Medicis Pharmaceutical Corp., Impax Laboratories, Inc., and/or other manufacturers in the 45mg, 55mg, 65mg, 80mg, 90mg, 105mg, 115mg, and/or 135mg Strengths between July 23, 2009 and November 25, 2012 and/or (b) brand Solodyn tablets directly from Medicis Pharmaceutical Corp. or its affiliates in the 55mg, 65mg, 80mg, 105mg, and/or 115mg Strengths between November 26, 2012 and November 30, 2015. It provides an explanation of the proposed settlements and your rights and options in this case.

You were previously notified on or about December 26, 2017 that the Court had certified a class action lawsuit brought by direct purchasers of brand and generic Solodyn against Medicis Pharmaceutical Corp. (“Medicis”) and Impax Laboratories, Inc. (“Impax”). You were also previously notified on or about April 28, 2017 of two prior separate settlements with two other former defendants—Sandoz Inc. (“Sandoz”) and Lupin Limited and Lupin Pharmaceuticals, Inc. (collectively, “Lupin”).

The purpose of the Notice is to inform you that separate settlements have been reached with the two remaining defendants Medicis and Impax (the “Settlements”). As of February 22, 2018, a settlement was reached with Medicis that will provide $37.5 million to the Class in order to resolve the Class’s claims against Medicis. As of March 9, 2018, a settlement was reached with Impax that will provide $37.5 million, plus other potential contingent consideration from Impax, to resolve the Class’s claims against Impax. Together, these Settlements will provide a total of $72.5 million, plus potential contingent consideration, to the Class (“Settlement Fund”).

On October 16, 2017, Judge Denise J. Casper of the United States District Court for the District of Massachusetts allowed this antitrust lawsuit to proceed as a class action, and certified the following class (the “Class”):

All persons or entities in the United States and its territories, including Puerto Rico, who purchased (a) 45mg, 55mg, 65mg, 80mg, 90mg, 105mg, 115mg, and/or 135mg brand or generic Solodyn tablets directly from any Defendant or other manufacturer at any time during the period July 23, 2009 through and including November 25, 2012 and/or (b) 55mg, 65mg, 80mg, 105mg, and/or 115mg brand Solodyn tablets directly from Medicis at any time from November 26, 2012 until November 30, 2015. Excluded from the Class are Defendants, and their officers, directors, management, employees, subsidiaries, or affiliates, and all federal governmental entities.

The Court has scheduled a hearing to decide upon Final Approval of the Settlements, the plan for allocating the Settlement Fund to Class Members (summarized in FAQ 6), and Class Counsel’s request for reimbursement of costs, service awards, and payment of attorneys’ fees out of the Settlement Fund. That hearing is scheduled for July 18, 2018 at 2:00 p.m. before U.S. District Court Judge Denise J. Casper in Courtroom 11 at the United States District Court for the District of Massachusetts, United States Courthouse, One Courthouse Way, Boston, Massachusetts 02210.

YOUR LEGAL RIGHTS ARE AFFECTED WHETHER YOU ACT OR DO NOT ACT, SO PLEASE READ THE NOTICE CAREFULLY.

UPON RECEIPT OF THE CLAIM FORM, PROMPTLY COMPLETE AND RETURN IT

You do not need to do anything now to retain your right to seek a share of the Settlements.

If the Court grants Final Approval of the Settlements and you are a Class Member, you will need to complete, sign, and return a Claim Form (which will be mailed to you) to obtain your pro rata share of the Net Settlement Fund.

OBJECT TO THE SETTLEMENTS

You may object to either or both of these separate Settlements. If you do so, you may write to the Court and Class Counsel about why you do not like either or both of the Settlements and ask to speak to the Court about the fairness of the Settlements.

Click here to learn more about objecting to the Settlements.

GET MORE INFORMATION

If you would like to obtain more information about the Lawsuit, you can send questions to the lawyers identified in the Notice.


These rights and options, and the deadlines to exercise them are explained in the Notice.

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