ARE YOU AFFECTED?

As a consumer, you may be a member of the End-Payor Class if after July 23, 2009 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 the United States and its territories, including Puerto Rico, in tablet form, for consumption by yourself or your family. Purchases made directly from Defendants, for resale purposes, for fixed dollar co-payments that do not vary between brand and generic drug, through Medicaid, or consumers who purchased Solodyn prior to July 23, 2009 are not included.

YOUR RIGHTS AND OPTIONS

DO NOTHING : If you do nothing you are choosing to stay in the End-Payor Class and you will be able to share in any money or benefits that may occur in this case. You will be bound by all orders and judgments of the Court and you will give up your right to sue the Defendants as part of any other lawsuit for the claim made in this case.

EXCLUDE YOURSELF FROM THE END-PAYOR CLASS : If you exclude yourself from the End-Payor Class (i.e. opt out), you will not be entitled to money or benefits if they are awarded or obtained. You will be bound by all orders and judgments of the Court and you will give up your right to sue the Defendants as part of any other lawsuit for the claim made in this case. The deadline to exclude yourself from the End-Payor Class is February 10, 2018.

THE TRIAL

The Court will hold a trial in this case on March 12, 2018 at the United States District Court for the District of Massachusetts, 1 Courthouse Way Boston, Massachusetts 02210. You may hire your own lawyer at your own expense, but you do not have to.

WANT MORE INFORMATION?

Go to www.SolodynCase.com, call 1-800-332-7414, or write to In re Solodyn Antitrust Litigation (End-Payor Action), P.O. Box 173034, Milwaukee, WI 53217.

800-332-7414
www.SolodynCase.com

If You Purchased Solodyn and/or Its Generic Equivalent Partial Settlements of a Class Action Lawsuit May Affect Your Rights

Partial settlements have been reached in a class action lawsuit involving the antibiotic drug Solodyn. The lawsuit claims that Medicis Pharmaceutical Corp., Valeant Pharmaceuticals International, Inc., Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals Inc., and Sandoz Inc. (the “Defendants”) violated state competition (i.e. antitrust and consumer protection) and unjust enrichment laws by agreeing not to compete with each other and keeping lower-cost generic versions of Solodyn off the market. The Defendants deny this. No one is claiming that Solodyn is unsafe or ineffective.

WHAT DO THE SETTLEMENTS PROVIDE?

To settle the lawsuit, Lupin Pharmaceuticals Inc. and Lupin Limited (”Lupin Defendants”) and Sandoz Inc. (”Sandoz”) have each agreed: (a) that they would be willing to provide certain witnesses that Plaintiffs could call and a declaration that the Plaintiffs could use during the Solodyn case involving the overall End-Payor Class, other Plaintiffs, and the Non-Settling Defendants; and (b) to deposit $625,000 and $1.75 million, respectively, into Settlement Funds. If the Settlements are approved by the Court and become final, the Settlement Funds, inclusive of interest, will be used to: (1) pay for costs and expenses incurred or to be incurred by Counsel in continuing the lawsuit against Medicis Pharmaceutical Corp., Valeant Pharmaceuticals International, Inc., and Impax Laboratories, Inc. (the “Non-Settling Defendants”); (2) cover taxable costs and taxes payable on the Settlement Funds; (3) pay for notice and other expenses; and (4) pay for service awards not to exceed $10,000 to the class representatives in recognition of their efforts to date on behalf of the Classes. Any remainder in the Settlement Funds, after the payment of the above expenses, shall be distributed to the End-Payor Class for the Lupin Settlement and the End-Payor Class for the Sandoz Settlement in a manner approved by the Court at the conclusion of the litigation. The Settlement Agreements, available at the website www.SolodynCase.com contain more details. These Settlements involve only the Lupin Defendants and Sandoz. The case will continue against the Non-Settling Defendants.

WHO IS INCLUDED IN THE CLASSES?

Generally, you are included in the Classes if you purchased, paid and/or provided reimbursement for some or all of a Solodyn and/or its generic equivalent prescription in the United States and its territories, including Puerto Rico, in tablet form, from July 23, 2009, onward. Certain third-party payors are also members of the Classes.

You are NOT a member of the Classes if: you paid a “flat co-payment” for all of your prescription drug purchases regardless of whether they are brand or generic; you are one of the Defendants or an officer, director, manager, employee, subsidiary, or affiliate of any Defendant(s); you purchased only directly from Defendants or for resale purposes; you purchased or received Solodyn or its generic equivalent only through a Medicaid program; you are the judge in this lawsuit or a member of the judge’s immediate family; and/or you previously excluded yourself from the overall End-Payor Class.

YOUR RIGHTS AND OPTIONS

If you are a Class Member, you have the right to exclude yourself (to opt-out) from one or both of the Settlements no later than June 12, 2017. You may also comment on or object to one or both of the proposed Settlements. To do so, you must act by June 12, 2017. Details on how to request exclusion, comment, or object are at www.SolodynCase.com.

The Court will hold a hearing tentatively set for 3:00 p.m. on November 27, 2017, to consider whether the Settlements and all of their terms are fair, reasonable, and adequate. Please check the website for updates.

FOR MORE INFORMATION
Visit www.SolodynCase.com
Call 1-800-332-7414