Jazz Pharma, Hikma, Others Ordered to Face Xyrem Antitrust Case

Aug. 16, 2021, 6:07 PM UTC

Jazz Pharmaceuticals Plc, Hikma Pharmaceuticals Plc, and three other drugmakers must face antitrust litigation over their alleged scheme to delay generic versions of the narcolepsy treatment Xyrem through illegal patent settlements, a federal judge in San Jose, Calif., ruled.

Judge Lucy H. Koh advanced claims that Jazz paid Hikma to shelve its proposed generic by licensing it to sell an “authorized” version, and agreeing to stay out of the eventual generic market for six months, in exchange for royalty-based kickbacks.

On top of the “no AG” pledge—Jazz’s promise not to sell an authorized generic—the pact also allegedly contained ...

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