It’s worth noting that Teva Pharmaceuticals remains an outsider in this altercation.
Pfizer $50m Epipen Settlement : The Origin of the Controversy
Journeying back to February 2020, KPH Healthcare Services threw the gauntlet at Mylan and Pfizer, alleging a sinister plot: a bid to monopolize the market for the lifesaving epinephrine auto-injector devices and thwarting generic competition. They further lambasted the two for compelling EpiPen customers to dig deeper into their pockets.
Yet, the plot thickened in August 2022. U.S. District Court Judge Daniel Crabtree discarded all of KPH’s allegations against Pfizer. His justification? KPH wasn’t in Pfizer’s direct sales lane, therefore lacking the legal grounds for their accusations, especially considering the precedent set by the Supreme Court’s ruling in Illinois Brick Co. v. Illinois.
Nonetheless, the Tenth Circuit identified a potential legal crevice in January, suggesting that the Illinois Brick decision might not necessarily barricade KPH’s claims. Mylan remains entrenched in this legal tug-of-war.
