Viatris announced that the U.S. District Court for the District of Kansas ruled, in substantial part, in Mylan’s favor on the company’s summary judgment motion in the class action related to EpiPen® Auto-Injector.
The company is pleased with the court’s decision to dismiss all of the plaintiffs’ claims under the federal RICO statute, which include claims asserted against Mylan’s former CEO Heather Bresch. The court also dismissed claims alleging that Mylan foreclosed branded competition through rebate arrangements with pharmacy benefit managers.
The only remaining claim in this class action pertains to a patent settlement between Pfizer and Teva and other alleged actions regarding the launch of Teva’s generic epinephrine auto-injector. Today’s ruling was not a decision on the merits of that claim and did not resolve the claim in plaintiffs’ favor. The court’s decision does, however, vindicate the company’s continued perseverance in defending itself against a series of claims over the past few years relating to EpiPen that have proven to be baseless, and provide the company with the opportunity to further defend itself vigorously in a trial currently scheduled to begin September 7, 2021. The company firmly believes that Mylan’s conduct was lawful and pro-competitive, and that plaintiffs will have great difficulty proving damages resulting from Mylan’s actions.
Today’s ruling follows a December 2020 decision by the same court granting summary judgment in Mylan’s favor in a separate lawsuit brought by Sanofi related to EpiPen in which the court also rejected all of Sanofi’s claims that Mylan engaged in anticompetitive practices to market EpiPen.
Viatris Inc. is a new kind of healthcare company, empowering people worldwide to live healthier at every stage of life. We provide access to medicines, advance sustainable operations, develop innovative solutions and leverage our collective expertise to connect more people to more products and services through our one-of-a-kind Global Healthcare Gateway®. Formed in November 2020, Viatris brings together scientific, manufacturing and distribution expertise with proven regulatory, medical and commercial capabilities to deliver high-quality medicines to patients in more than 165 countries and territories. Viatris’ portfolio comprises more than 1,400 approved molecules across a wide range of therapeutic areas, spanning both non-communicable and infectious diseases, including globally recognized brands, complex generic and branded medicines, a growing portfolio of biosimilars and a variety of over-the-counter consumer products. With a global workforce of approximately 45,000, Viatris is headquartered in the U.S., with global centers in Pittsburgh, Shanghai and Hyderabad, India. Learn more at viatris.com and investor.viatris.com