Doryx Indirect Purchaser Antitrust Litigation
www.doryxindirectsettlement.com

Frequently Asked Questions

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You received Notice because you requested it or records indicate that you may be a Class Member. If you are a Class Member, you have important decisions to make, and you may be entitled to money as part of the proposed Settlement. You are not being sued.

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Plaintiffs International Brotherhood of Electrical Workers 38, Health and Welfare Fund (“IBEW 38”), International Union of Operating Engineers Local 132, Health and Welfare Fund (“Local 132”), and Laborers Health and Welfare Trust Fund for Northern California (“Laborers Trust”) (together, “Plaintiffs” or “Indirect Purchaser Plaintiffs”) allege that Defendants violated federal and state antitrust, unfair competition and/or consumer protection laws by engaging in an unlawful scheme to delay or block the market entry of less expensive, generic versions of Doryx®. Plaintiffs allege that this unlawful scheme involved, among other things: (i) switching Doryx® from capsules to tablets (and removing the capsules from the market), (ii) switching Doryx® from tablets of a lower strength to tablets of a higher strength, and (iii) switching Doryx® from unscored tablets to scored tablets. Plaintiffs claim that, by making these allegedly nuanced and insignificant changes to the Doryx® product, Defendants were able to charge supracompetitive prices long after generic versions of the drug product could have and should have entered the market. Plaintiffs allege that they, and the Class, were damaged by paying significantly higher prices for Doryx® as a result of Defendants’ conduct.

Defendants deny all these allegations, including that any Plaintiff or Class Member is entitled to damages or other relief. The Defendants respond that each new version of Doryx® introduced by the Defendants was approved by the U.S. Food & Drug Administration as safe and effective and represented incremental innovation over older versions of Doryx®. Defendants further contend that their conduct did not violate any applicable law or regulation. The Settlement is not an admission of wrongdoing by any of the Defendants. No trial has been held.

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Following an extensive investigation of relevant facts and law by the parties, including the production and review of millions of pages of documents, the briefing of the Defendants’ Motion to Dismiss, Plaintiffs’ Motion for Class Certification, and Defendants’ Motion for Summary Judgment and the taking of 55 fact witness depositions, and more than 35 expert witness depositions with 64 expert reports, the parties engaged in extensive settlement negotiations with the help of an independent mediator. The Plaintiffs, on behalf of themselves and the Class, ultimately reached a Settlement with the Defendants. The terms of the Settlement, which is subject to final approval by the Court, are set forth in the written Settlement Agreement. The Settlement Agreement provides that Defendants will pay $8 million in cash to the Class in exchange for a release of all claims against the Released Parties (as defined in the Settlement Agreement) related to the conduct alleged in the Class Action. The Settlement Agreement is available for review at www.doryxindirectsettlement.com. The Settlement Agreement contains the full text of the release for your review.

THE COURT HAS NOT DECIDED WHETHER THE DEFENDANTS VIOLATED ANY LAWS.

The case is known as Mylan Pharmaceuticals, Inc., et al. v. Warner Chilcott Public Limited Company, et al., No. 12-3824 (E.D. Pa). Judge Paul S. Diamond of the United States District Court for the Eastern District of Pennsylvania is overseeing this Action.

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In a class action, one or more entities called class representatives sue on behalf of other entities with similar claims. In this case, the class representatives are IBEW 38, Local 132, and Laborers Trust.

The class representatives and the entities on whose behalf they have sued together constitute the “Class” or “Class Members.” Their attorneys are called “Plaintiffs’ Counsel” or “Indirect Purchaser Plaintiffs’ Counsel” or “Class Counsel.” The companies that have been sued are called the Defendants.

In a class action lawsuit, one court resolves the issues for everyone in the class, except for those class members who exclude themselves from the class. The Court, by order dated September 4, 2014, certified a Class in this case for purposes of settlement. Click here for a copy of the Court’s Order.

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The Court did not decide in favor of the Plaintiffs or Defendants. Instead, the lawyers for both sides of the lawsuit, with the help of an experienced mediator, negotiated a settlement, which they believe is in the best interests of their respective clients. The Settlement allows both sides to avoid the risks and cost of lengthy and uncertain litigation and the uncertainty of a trial and appeals, and permits Class Members to be compensated without further delay. Plaintiffs and their attorneys think the Settlement is best for all Class Members.

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To see if you are in the Class and if you will get money from the Settlement with the Defendants, you first have to decide if you are a Class Member.

The Class consists of all persons and entities in the United States who reimbursed for, or indirectly purchased, other than for resale, branded Doryx® at any time during the period September 21, 2008 to May 30, 2014. For purposes of this definition, a person or entity “indirectly purchased” if they purchased Doryx® from an entity other than one of the Defendants, including, for example, from a pharmacy or a mail order pharmacy.

Among those excluded from the Class are insured individuals covered by plans imposing a flat dollar co-pay that was the same dollar amount for generic as for brand drug purchases and insured or uninsured individuals who purchased branded Doryx® with a coupon and never purchased branded Doryx® without a coupon.

For a list of branded Doryx® NDC codes that are eligible in this Settlement, please click here.

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Yes. Excluded from the Class are: (i) Defendants and their directors, officers, employees, subsidiaries or affiliates; (ii) fully-insured health plans, i.e., plans that purchased insurance from another third party payor covering 100% of the Plan’s reimbursement obligations to its members; (iii) all federal, state, and municipal government entities, except for government funded employee benefit plans; (iv) insured individuals covered by plans imposing a flat dollar co-pay that was the same dollar amount for generic as for brand drug purchases; and (v) insured or uninsured individuals who purchased branded Doryx® with a coupon and never purchased branded Doryx® without a coupon. Also excluded are purchases made through Prisons, Federal Facilities, Clinics (as defined by IMS), and/or Medicaid programs.

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Defendants have agreed to cause to be paid $8 million in cash into the Settlement Fund. The Settlement Fund, plus interest earned from the date it is established, less costs, fees and expenses (the “Net Settlement Fund”), will be divided among all eligible Class Members whose claim for recovery has been allowed pursuant to the terms of the Settlement Agreement and who send in valid claim forms (“Authorized Claimants”). Costs, fees, and expenses include Court-approved attorneys’ fees and expenses, the costs of notifying Class Members, including the costs of printing and mailing the Notice and the cost of publishing notice, and the costs of claims administration.

In exchange, the Defendants will be released and discharged from all antitrust, consumer protection and unfair competition claims relating to indirect purchases of Doryx®. All information related to the Settlement, including the full text of the release, is included in the Settlement Agreement.

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Expenses associated with providing notice, expenses associated with administering the Settlement and the Fee and Expense Award shall be deducted from the Settlement Fund. After the deduction of the Administrative Expenses and Fee and Expense Award, the remaining Settlement Fund will be allocated pro rata to qualified claimants. You may review a copy of the Plan of Allocation filed with the Court here.

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Your share of the Net Settlement Fund will depend on the amount of Doryx® you purchased during the Class Period. Generally, those who purchased more Doryx® during that period will get a higher recovery.

Your share of the Net Settlement Fund will also depend on the number of valid claim forms that Class Members submit. If less than 100% of the Class sends in a claim form, you could get a larger pro rata share.

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To qualify for a payment, you must be an eligible Class Member; send in valid Proof of Claim and Release form. Read the instructions carefully, fill out the form, include all the documents the form asks for, sign it, and mail it postmarked no later than March 30, 2015. You must also include documents evidencing your purchase(s) of Doryx® and the price(s) paid as described in the claim form.

For a list of branded Doryx® NDC codes that are eligible in this Settlement, please click here.

Please mail your Proof of Claim and Release form and documentation to:

Doryx Indirect Purchaser Antitrust Litigation
c/o GCG
P.O. Box 10097
Dublin, OH 43017-6697

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The Proof of Claim and Release form and documentation must be submitted to the Claims Administrator postmarked no later than March 30, 2015. Accurate claims processing takes a significant amount of time and distribution of the Net Settlement Fund may occur after all claims have been processed. Please be patient.

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On January 28, 2015, the Court entered the Final Approval Order for this Settlement.

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The deadline to exclude yourself from the Settlement was December 8, 2014.

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No. If you remain in the Class and share in the Settlement, you give up your right to sue the Defendants. That is called “releasing” your claims and potential claims relating to your indirect purchases of Doryx®. The full text of the release is included in the Settlement Agreement, which is available on this website.

The deadline to exclude yourself from the Settlement was December 8, 2014.

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No. If you exclude yourself, do not send in a claim form to ask for any money. Once you exclude yourself you will receive no cash payment, even if you also submit a claim form.

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The lawyers listed below have been appointed by the Court as Class Counsel. They are experienced in handling similar cases against other companies. The lawyers are:

Walter W. Noss
Anne L. Box
SCOTT+SCOTT, ATTORNEYS AT LAW, LLP
707 Broadway, Suite 1000
San Diego, CA 92101
(619) 233-4565
www.scott-scott.com

These lawyers will apply to the Court for payment from the Settlement Fund; you will not otherwise be charged for their work.

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You do not need to hire your own lawyer because Class Counsel are working on your behalf. However, if you wish to do so, you may retain your own lawyer at your own expense.

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The Final Approval Order entered on January 28, 2015 approved Class Counsel’s application for an award of attorneys’ fees, reimbursement of expenses, and incentive awards to Class Representatives to be paid from the Settlement Fund in accordance with the terms of the Settlement Agreement.

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No. If you timely submit a Proof of Claim to the designated address, you need not contact the Class Counsel. If you did not receive a Notice but believe you should have, or if your address changes, please contact the Claims Administrator at:

Doryx Indirect Purchaser Antitrust Litigation
c/o GCG
P.O. Box 10097
Dublin, OH 43017-6697
Toll Free Number: (855) 382-6396

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The deadline to object to or comment on the Settlement was November 5, 2014.

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Objecting is telling the Court that you do not like something about the proposed Settlement. You can object only if you stay in the Class. Excluding yourself is telling the Court that you do not want to be part of the Class. If you exclude yourself, you have no basis to object because the case no longer applies to you.

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Pursuant to the fairness hearing held on January 7, 2015, the Court entered the Final Approval Order for this Settlement on January 28, 2015.

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If you do nothing, you will get no money from this Settlement. But, unless you exclude yourself, you will not be able to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Defendants about the same issues in this case.

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If you have questions about this case or want to get additional information, you may call or write to Class Counsel, Walter W. Noss, Esq., or Anne L. Box, Esq., Scott+Scott, Attorneys at Law, LLP, 707 Broadway, Suite 1000, San Diego, California 92101, Telephone Number: (619) 233-4565, or look on this website.

This is only a summary of the proposed Settlement and is qualified in its entirety by the terms of the actual Settlement Agreement. A copy of the Settlement Agreement, including the Releases, is on public file with the United States District Court for the Eastern District of Pennsylvania, 601 Market Street, Philadelphia, PA 19106-1797 during normal business hours. It is also available for download and/or viewing on this website here.

PLEASE DO NOT WRITE OR CALL THE COURT OR THE CLERK’S OFFICE FOR INFORMATION.

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