Opana® ER Antitrust Trial Concludes With Jury Verdict in Endo's Favor

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Jul 01, 2022, 13:32 ET

DUBLIN, July 1, 2022 /PRNewswire/ -- Endo International plc (NASDAQ: ENDP) announced today that a federal jury in Chicago, Illinois, has returned a verdict in favor of the Company's subsidiaries Endo Pharmaceuticals Inc. and Endo Health Solutions Inc. (collectively Endo), in an antitrust trial.

As Endo previously disclosed, it has been involved since 2014 in various legal proceedings filed by multiple plaintiffs, including classes of direct and indirect purchasers, which have been consolidated in the United States District Court for the Northern District of Illinois under the caption In re Opana® ER Antitrust Litigation. Plaintiffs in the cases alleged, among other things, that the terms of a 2010 patent settlement agreement between Endo and Impax Laboratories, Inc. (now Amneal Pharmaceuticals, Inc.) (Impax) violated the antitrust laws. A trial of all plaintiffs' claims began in June and concluded today with a verdict in favor of Endo on all counts.

"Endo is very pleased with the jury's verdict and is grateful for its careful deliberation," said Matthew J. Maletta, Endo's Executive Vice President, Chief Legal Officer and Company Secretary. "Today's verdict confirms that the 2010 settlement agreement between Endo and Impax was procompetitive and enabled Impax to come to market with its generic version of Opana® ER years earlier than otherwise would have been permitted."

About Endo

Endo (NASDAQ: ENDP) is a specialty pharmaceutical company committed to helping everyone we serve live their best life through the delivery of quality, life-enhancing therapies. Our decades of proven success come from passionate team members around the globe collaborating to bring the best treatments forward. Together, we boldly transform insights into treatments benefiting those who need them when they need them. Learn more at www.endo.com or connect with us on LinkedIn.

Forward-Looking Statements

Certain information in this press release may be considered "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 and any applicable Canadian securities legislation including, but not limited to, the statements by Mr. Maletta and any statements relating to the status or outcome of litigation. Statements including words or phrases such as "believe," "expect," "anticipate," "intend," "estimate," "plan," "will," "may," "look forward," "intend," "future," "potential" or similar expressions are forward-looking statements. All forward-looking statements in this press release reflect Endo's current expectations of future events based on existing trends and information and represent Endo's judgment only as of the date of this press release. Actual results may differ materially and adversely from current expectations based on a number of factors affecting Endo's businesses, including, among other things, the following: the outcome of our strategic review, contingency planning and any potential restructuring; the timing, impact or results of any pending or future litigation, investigations, proceedings or claims, including opioid, tax and antitrust matters; actual or contingent liabilities; settlement discussions or negotiations; the impact of competition including loss of exclusivity and generic competition; our ability to satisfy judgments or settlements or to pursue appeals including bonding requirements; our ability to adjust to changing market conditions; our inability to maintain compliance with financial covenants and operating obligations which would expose us to potential events of default under our outstanding indebtedness; our ability to incur additional debt or refinance our outstanding indebtedness; and a significant reduction in our short-term or long-term revenues which could cause us to be unable to fund our operations and liquidity needs. The occurrence or possibility of any such result has caused us to engage, and may result in further engagement, in strategic reviews that ultimately may result in our pursuing one or more significant corporate transactions or other remedial measures, including on a preventative or proactive basis. Those remedial measures could include a potential corporate reorganization, restructuring or bankruptcy filing involving all or a portion of our business, asset sales or other divestitures, cost-saving initiatives, corporate realignments or strategic partnerships. Some of these measures could take significant time to implement and others may require judicial or other third-party approval. Any such actions may be complex, could entail significant costs and charges or could otherwise negatively impact shareholder value, and there can be no assurance that we will be able to accomplish any of these alternatives on terms acceptable to us, or at all, or that they will result in their intended benefits. Therefore, the reader is cautioned not to rely on any forward-looking statements. Endo expressly disclaims any intent or obligation to update these forward-looking statements, except as required to do so by law. Additional information concerning risk factors, including those referenced above, can be found in press releases issued by Endo, as well as Endo's public periodic filings with the U.S. Securities and Exchange Commission and with securities regulators in Canada, including the discussion under the heading "Risk Factors" in Endo's most recent Annual Report on Form 10-K and any subsequent Quarterly Reports on Form 10-Q or other filings with the U.S. Securities and Exchange Commission.

SOURCE Endo International plc