A.F.L.–A.G.C. Building Trades Welfare Plan v. Jazz Pharmaceuticals
unknown- Filed:
- 2020-07-31
Antitrust pay-for-delay action in S.D.N.Y. citing the ’506 patent and describing the Xyrem settlement-driven generic launch schedule.
Defendant
4 cases as defendant.
Company overview. Jazz Pharmaceuticals plc (Nasdaq: JAZZ), commonly "Jazz," is an Irish-domiciled public biopharmaceutical company incorporated in 2003. Headquarters are in Dublin, Ireland, with significant corporate and R&D operations in Palo Alto, California and Philadelphia, Pennsylvania, plus sites in Oxford, England and manufacturing in Ireland and Italy. The company reported total revenues of $4.07 billion for FY2024 and guided to $4.15–4.4 billion for 2025; third-party aggregators list roughly 2,900 employees. It is a standalone public company, not a subsidiary.
Products / services. Jazz identifies, develops and commercializes prescription medicines in two therapeutic areas. Neuroscience/sleep: Xyrem and Xywav (sodium oxybate) oral solutions for narcolepsy and idiopathic hypersomnia, and Epidiolex/Epidyolex (cannabidiol) for rare epilepsies, approved in 35+ countries. Oncology: Rylaze, Zepzelca, Ziihera, Vyxeos and Defitelio, supplemented by licensing/collaboration and authorized-generic royalty revenue. This is an operating company with marketed products, not an NPE.
Patent-litigation posture. Jazz is an active two-way litigant, consistent with the 5 plaintiff / 4 defendant split in the tracked data. Its plaintiff-side suits are Hatch-Waxman ANDA actions defending Xyrem/Xywav Orange Book patents — against Roxane (2012), Par (2013), Ranbaxy and Watson (2014) and Wockhardt (2015), all filed in the District of New Jersey. Its defendant-side appearances are antitrust and class actions brought by purchasers, plus a Par-initiated PTAB proceeding. The D.N.J. concentration reflects brand-pharma ANDA practice rather than plaintiff-friendly NPE venues such as the Eastern District of Texas.
Notable cases / context. The most prominent matters are In re Xyrem (Sodium Oxybate) Antitrust Litigation, an MDL consolidated in the Northern District of California alleging that Jazz's settlements with ANDA filers violated antitrust law, and the related purchaser class actions (e.g., A.F.L.–A.G.C. Building Trades Welfare Plan v. Jazz, S.D.N.Y., 2020). Jazz has disclosed 2025 settlements resolving that MDL, including a $145 million indirect-purchaser class settlement. Later disputes with Avadel Pharmaceuticals over Lumryz were also settled in October 2025.
Antitrust pay-for-delay action in S.D.N.Y. citing the ’506 patent and describing the Xyrem settlement-driven generic launch schedule.
Class action related to the Xyrem MDL.
Inter partes review petition filed by Par Pharmaceutical against US 7,668,730. The PTAB issued a Final Written Decision.
Consolidated MDL antitrust litigation concerning Xyrem (sodium oxybate). U.S. 8,589,182 is listed among the patents cited/at issue. Class certification and summary-judgment motions have been decided; trial set for May 19, 2025.