Berman Tabacco


New England Carpenters Health Benefits Fund v. Celgene Corp., No. 17-cv-07637 (D.N.J.)

Berman Tabacco is plaintiff’s counsel representing New England Carpenters Health Benefits Fund in this antitrust class action seeking damages arising out of Celgene’s alleged unlawful exclusion of competition from the market for two drugs (i) thalidomide, which Celgene sells under the brand-name Thalomid; and (ii) lenalidomide, which Celgene sells under the brand-name Revlimid. The case alleges that Celgene has engaged in a multi-faceted scheme to block generic competition for these drugs thereby effectively monopolizing the market for at least the past seven years. By doing so, Celgene has allegedly delayed the onset of generic competition and charged users billions of dollars for these products. Celgene’s alleged scheme includes using FDA safety requirements as a pretext to delay the availability of cost-saving generic alternatives, fraudulently obtaining patents on the procedures to ensure safe use of Thalomid and Revlimid and engaging in sham litigation against competitors who managed to obtain samples for generic bioequivalence testing. Plaintiffs have seen the prices for these vital drugs increase more than 3,500% for Thalomid and 120% for Revlimid since the drugs’ introduction, allegedly improperly enriching Celgene with billions in profits. To date, at least fourteen different generic manufacturers have attempted to enter the market, but as a result of Celgene’s conduct, no generic alternatives are available.