In re: Generic Pharmaceuticals Pricing Antitrust
| FWK HOLDINGS LLC, KPH HEALTHCARE SERVICES INC, a/k/a KINNEY DRUGS, INC., ROCHESTER DRUG COOPERATIVE INC, AHOLD USA INC and CESAR CASTILLO INC |
| MYLAN INC, MYLAN PHARMACEUTICALS INC, SANDOZ INC and TARO PHARMACEUTICALS USA INC |
| In re: GENERIC PHARMACEUTICALS PRICING ANTITRUST LITIGATION |
| 25-2221 |
| July 8, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Antitrust |
Docket Report
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| Filing 63 HARD COPY RECEIVED from Appellants Mylan Inc and Mylan Pharmaceuticals Inc - Reply Brief. Copies: 7. (SJB) [Entered: 12/23/2025 12:44 PM] |
| Filing 62 COMPLIANCE RECEIVED. Addendum to reply brief containing certificate of identical briefs received from Appellants Mylan Inc and Mylan Pharmaceuticals Inc. (MS) [Entered: 12/23/2025 09:03 AM] |
| Filing 61 ECF FILER: ELECTRONIC ADDENDUM to REPLY BRIEF on behalf of Appellants Mylan Inc and Mylan Pharmaceuticals Inc. Certificate of Service dated 12/19/2025 by ECF. [25-2221]--[Edited 12/23/2025 by MS] (SNJ) [Entered: 12/19/2025 06:20 PM] |
| Filing 60 TEXT ORDER (Clerk) directing Attorney Steffen N. Johnson, Esq. for Appellants Mylan Pharmaceuticals Inc and Mylan Inc to file addendum to reply brief containing certification of identical briefs. Addendum must be filed in electronic format only. Due on or before 12/22/2025. (MS) [Entered: 12/19/2025 05:01 PM] |
| Filing 59 ECF FILER: ELECTRONIC REPLY BRIEF on behalf of Appellants Mylan Inc and Mylan Pharmaceuticals Inc. Certificate of Service dated 12/19/2025 by ECF. [25-2221] (SNJ) [Entered: 12/19/2025 04:51 PM] |
| Filing 58 TEXT ORDER (Clerk) granting proposed amicus curiae's motion for leave to file out of time. Proposed amicus curiae's motion for leave to file an amicus brief is deemed timely filed. [25-2219, 25-2220, 25-2221, 25-2222] (AV) [Entered: 12/08/2025 01:23 PM] |
| Filing 57 ECF FILER: Response filed by Appellees FWK Holdings LLC, KPH Healthcare Services Inc and Rochester Drug Cooperative Inc to Document. Certificate of Service dated 11/25/2025. [25-2221] [SEND TO MERITS PANEL] (DMN) [Entered: 11/25/2025 01:28 PM] |
| Filing 56 ECF FILER: Motion filed by the American Antitrust Institute (AAI) to proceed as amicus on the merits in support of Appellee/Respondent. Certificate of Service dated 11/24/2025. [25-2220, 25-2219, 25-2221, 25-2222] (RS) [Entered: 11/24/2025 01:16 PM] |
| Filing 55 ECF FILER: Motion filed by Proposed Amicus Curie American Antitrust Institute for leave to file out of time Motion for Leave to File Brief as Amicus Curiae in Support of Plaintiffs-Appellees due to CM/ECF technical error. Certificate of Service dated 11/21/2025. [25-2220, 25-2219, 25-2221, 25-2222] (RS) [Entered: 11/21/2025 06:59 PM] |
| Filing 54 ECF FILER: Request by Appellants Mylan Inc and Mylan Pharmaceuticals Inc in 25-2221, 25-2222 for Oral Argument. Certificate of Service dated 11/21/2025. Service made by ECF. [SEND TO MERITS PANEL] [25-2221, 25-2222] (SNJ) [Entered: 11/21/2025 04:51 PM] |
| Filing 53 HARD COPY RECEIVED from Appellee Cesar Castillo Inc in 25-2219, Appellees FWK Holdings LLC, KPH Healthcare Services Inc and Rochester Drug Cooperative Inc in 25-2221 - Supplemental Appendix. Copies: 4. Volumes: 1 Received: 8. [25-2219, 25-2221] (EAF) [Entered: 11/21/2025 03:47 PM] |
| Filing 52 HARD COPY RECEIVED from Appellees FWK Holdings LLC, KPH Healthcare Services Inc and Rochester Drug Cooperative Inc - Brief. Copies: 7. (PAR) [Entered: 11/21/2025 12:50 PM] |
| Filing 51 TEXT ORDER (Clerk) granting motion filed by Appellees Rochester Drug Cooperative Inc, KPH Healthcare Services Inc and FWK Holdings LLC to file supplemental appendix with filing as of 11/17/2025. It is noted that if costs are awarded, costs cannot be recovered for any documents which are duplicative of documents contained in any previously filed appendix or supplemental appendix. (CLW) [Entered: 11/19/2025 04:25 PM] |
| Filing 50 COMPLIANCE RECEIVED. Separately filed supplemental appendix received from Appellees FWK Holdings LLC, KPH Healthcare Services Inc and Rochester Drug Cooperative Inc. (MS) [Entered: 11/18/2025 11:32 AM] |
| Filing 49 Appellants Mylan Inc and Mylan Pharmaceuticals Inc verbally granted an extension of time to file reply brief until 12/19/2025 pursuant to 3d Cir. L.A.R. 31.4. (MS) [Entered: 11/17/2025 04:18 PM] |
| Filing 48 ECF FILER: ELECTRONIC SUPPLEMENTAL APPENDIX on behalf of Appellees FWK Holdings LLC, KPH Healthcare Services Inc and Rochester Drug Cooperative Inc. Certificate of service dated 11/17/2025 by ECF. [25-2221] (DMN) [Entered: 11/17/2025 02:43 PM] |
| Filing 47 TEXT ORDER (Clerk) directing Attorney Dianne M Nast, Esq. for Appellees Rochester Drug Cooperative Inc, KPH Healthcare Services Inc, and FWK Holdings LLC to file supplemental appendix as a separate electronic transaction. Due on or before 11/20/2025. (MS) [Entered: 11/17/2025 09:41 AM] |
| Filing 46 ECF FILER: Motion filed by Appellees FWK Holdings LLC, KPH Healthcare Services Inc and Rochester Drug Cooperative Inc for leave to file supplemental appendix. Certificate of Service dated 11/14/2025. Service made by ECF. [25-2221] - [Entry edited by the Clerk to reflect the correct relief]--[Edited 11/17/2025 by MS] (DMN) [Entered: 11/14/2025 04:23 PM] |
| Filing 45 ECF FILER: ELECTRONIC BRIEF on behalf of Appellees FWK Holdings LLC, KPH Healthcare Services Inc and Rochester Drug Cooperative Inc. Certificate of Service dated 11/14/2025 by ECF. [25-2221] (DMN) [Entered: 11/14/2025 04:07 PM] |
Filing 44
ORDER (Clerk) The foregoing motion is referred to the merits panel. The Clerk's Office will hold Volumes 4 and 5 of the joint appendix provisionally under seal pending a ruling by the Court. (MCW) [Entered: 10/30/2025 11:14 AM]
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| Filing 43 ECF FILER: ENTRY OF APPEARANCE from Alexandra Keck on behalf of Appellant(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-2221] (ACK) [Entered: 10/27/2025 01:43 PM] |
| Filing 42 ECF FILER: ENTRY OF APPEARANCE from W. Blake Wortham on behalf of Appellant(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-2221] (WBW) [Entered: 10/27/2025 01:36 PM] |
| Filing 41 HARD COPY RECEIVED from Appellants Mylan Inc and Mylan Pharmaceuticals Inc - Joint Appendix. Copies: 4. Volumes: 5 (Volume I attached to Brief) (Volumes 4 and 5 FILED UNDER SEAL). (EMA) [Entered: 10/16/2025 02:31 PM] |
| Filing 40 HARD COPY RECEIVED from Appellants Mylan Inc and Mylan Pharmaceuticals Inc - Brief with Volume I of Appendix attached. Copies: 7. (PAR) [Entered: 10/16/2025 11:57 AM] |
| Filing 39 ECF FILER: SEALED ELECTRONIC JOINT APPENDIX Volumes IV and V on behalf of Appellants Mylan Inc and Mylan Pharmaceuticals Inc. Certificate of Service dated 10/15/2025 by ECF. [25-2221]--[Edited 10/16/2025 by MCW] (SNJ) [Entered: 10/15/2025 03:16 PM] |
| Filing 38 ECF FILER: ELECTRONIC JOINT APPENDIX Volumes II and III on behalf of Appellants Mylan Inc and Mylan Pharmaceuticals Inc. Certificate of service dated 10/15/2025 by ECF. [25-2221]--[Edited 10/16/2025 by MCW] (SNJ) [Entered: 10/15/2025 03:12 PM] |
| Filing 37 ECF FILER: ELECTRONIC BRIEF with Volume I of Appendix attached on behalf of Appellants Mylan Inc and Mylan Pharmaceuticals Inc. Certificate of Service dated 10/15/2025 by ECF. [25-2221] (SNJ) [Entered: 10/15/2025 03:06 PM] |
| Filing 36 ECF FILER: UNOPPOSED Motion filed by Appellants Mylan Inc and Mylan Pharmaceuticals Inc to seal Joint Appendix Volumes 4-5. Certificate of Service dated 10/15/2025. Service made by ECF. [25-2221][SEND TO MERITS]--[Edited 10/30/2025 by MCW] (SNJ) [Entered: 10/15/2025 03:04 PM] |
| Filing 35 ECF FILER: ENTRY OF APPEARANCE from Candice J. Enders on behalf of Appellee(s) FWK Holdings, L.L.C.; KPH Healthcare Services, Inc., A/K/A Kinney Drugs, Inc.; and Rochester Drug Co-Operative, Inc.. [25-2221] (CJE) [Entered: 10/06/2025 04:17 PM] |
| Filing 34 ECF FILER: ENTRY OF APPEARANCE from David F. Sorensen on behalf of Appellee(s) FWK Holdings, L.L.C.; KPH Healthcare Services, Inc., A/K/A Kinney Drugs, Inc.; and Rochester Drug Co-Operative, Inc.. [25-2221] (DFS) [Entered: 09/11/2025 04:40 PM] |
| Filing 33 ECF FILER: ENTRY OF APPEARANCE from Caitlin G. Coslett on behalf of Appellee(s) FWK Holdings, L.L.C.; KPH Healthcare Services, Inc., A/K/A Kinney Drugs, Inc.; and Rochester Drug Co-Operative, Inc.. [25-2221] (CGC) [Entered: 09/11/2025 04:34 PM] |
| Filing 32 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (AMR) [Entered: 09/05/2025 10:29 AM] |
| Filing 31 BRIEFING NOTICE ISSUED. Brief on behalf of Appellants Mylan Inc. and Mylan Pharmaceuticals Inc. due on or before 10/15/2025. Appendix due on or before 10/15/2025. (AMR) [Entered: 09/05/2025 10:20 AM] |
| Filing 30 ECF FILER: ENTRY OF APPEARANCE from Robert N. Kaplan on behalf of Appellee(s) FWK Holdings, L.L.C.; KPH Healthcare Services, Inc., A/K/A Kinney Drugs, Inc.; and Rochester Drug Co-Operative, Inc.. (RNK) [Entered: 08/06/2025 05:16 PM] |
| Filing 28 FOLLOW UP LETTER to Michael D. Ford, Esq. for Appellees Rochester Drug Cooperative Inc, KPH Healthcare Services Inc, Cesar Castillo Inc and FWK Holdings LLC, Lauri A. Kavulich, Esq. for Appellee Taro Pharmaceuticals USA Inc, Erik T. Koons, Esq. for Appellee Taro Pharmaceuticals USA Inc, Dianne M Nast, Esq. for Appellees Ahold USA Inc, Rochester Drug Cooperative Inc, KPH Healthcare Services Inc, Cesar Castillo Inc and FWK Holdings LLC, John M. Taladay, Esq. for Appellee Taro Pharmaceuticals USA Inc, Stacy L. Turner, Esq. for Appellee Taro Pharmaceuticals USA Inc and Christopher P. Wilson, Esq. for Appellee Taro Pharmaceuticals USA Inc requesting the following document(s): Appearance Form on or before 08/11/2025. Disclosure Statement on or before 08/11/2025. (AMR) [Entered: 07/28/2025 11:47 AM] |
| Filing 27 ECF FILER: ENTRY OF APPEARANCE from Michael D. Ford on behalf of Appellee(s) FWK Holdings, L.L.C.; KPH Healthcare Services, Inc., A/K/A Kinney Drugs, Inc.; and Rochester Drug Co-Operative, Inc.. [25-2221] (MDF) [Entered: 07/22/2025 03:09 PM] |
| Filing 26 ECF FILER: ENTRY OF APPEARANCE from Rachel G. Gray on behalf of Appellant(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-2221] (RGG) [Entered: 07/22/2025 02:26 PM] |
| Filing 25 ECF FILER: ENTRY OF APPEARANCE from Paige E. Hammond on behalf of Appellant(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-2221] (PEH) [Entered: 07/22/2025 02:23 PM] |
| Filing 24 ECF FILER: ENTRY OF APPEARANCE from Kelsey C. Catina on behalf of Appellant(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-2221] (KC) [Entered: 07/22/2025 02:07 PM] |
| Filing 23 ECF FILER: ENTRY OF APPEARANCE from John B. Kenney on behalf of Appellant(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-2221] (JBK) [Entered: 07/22/2025 02:04 PM] |
| Filing 22 ECF FILER: ENTRY OF APPEARANCE from Mikaela E. Evans-Aziz on behalf of Appellant(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-2221] (MEE) [Entered: 07/22/2025 01:56 PM] |
| Filing 21 ECF FILER: ENTRY OF APPEARANCE from Stuart A. Williams on behalf of Appellant(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-2221] (SAW) [Entered: 07/22/2025 01:52 PM] |
| Filing 20 ECF FILER: ENTRY OF APPEARANCE from Michael S. Sommer on behalf of Appellant(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-2221] (MSS) [Entered: 07/22/2025 01:48 PM] |
| Filing 19 ECF FILER: ENTRY OF APPEARANCE from Thomas M. Sobol on behalf of Appellee(s) Cesar Castillo, Inc., N/K/A Cesar Castillo, LLC; FWK Holdings, L.L.C.; KPH Healthcare Services, Inc., A/K/A Kinney Drugs, Inc.; and Rochester Drug Co-Operative, Inc.. [25-2221] (TMS) [Entered: 07/22/2025 01:05 PM] |
| Filing 18 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellants Mylan Inc and Mylan Pharmaceuticals Inc advising this court that transcripts are already on file in the District Court. [25-2221] (SNJ) [Entered: 07/21/2025 07:32 PM] |
| Filing 17 ECF FILER: Concise Summary of the Case filed by Appellants Mylan Inc and Mylan Pharmaceuticals Inc. [25-2221] (SNJ) [Entered: 07/21/2025 07:31 PM] |
| Filing 16 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellants Mylan Inc and Mylan Pharmaceuticals Inc. [25-2221] (SNJ) [Entered: 07/21/2025 07:30 PM] |
| Filing 15 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Mylan Pharmaceuticals Inc. [25-2221] (SNJ) [Entered: 07/21/2025 07:29 PM] |
| Filing 14 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Mylan Inc. [25-2221] (SNJ) [Entered: 07/21/2025 07:28 PM] |
| Filing 13 ECF FILER: ENTRY OF APPEARANCE from Jeffrey C. Bank (Corrected) on behalf of Appellant(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-2221] (JCB) [Entered: 07/21/2025 07:25 PM] |
| Filing 12 ECF FILER: ENTRY OF APPEARANCE from Joseph N. Roda on behalf of Appellee(s) FWK Holdings, L.L.C.; KPH Healthcare Services, Inc., A/K/A Kinney Drugs, Inc.; and Rochester Drug Co-Operative, Inc.. [25-2221] (JNR) [Entered: 07/21/2025 04:37 PM] |
| Filing 11 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee Rochester Drug Cooperative Inc. [25-2221] (DMN) [Entered: 07/21/2025 04:26 PM] |
| Filing 10 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee KPH Healthcare Services Inc. [25-2221] (DMN) [Entered: 07/21/2025 04:25 PM] |
| Filing 9 ECF FILER: ENTRY OF APPEARANCE from Steffen N. Johnson on behalf of Appellant(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-2221] (SNJ) [Entered: 07/21/2025 04:19 PM] |
| Filing 8 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellee FWK Holdings LLC. [25-2221] (DMN) [Entered: 07/21/2025 04:17 PM] |
| Filing 7 ECF FILER: ENTRY OF APPEARANCE from Dianne M. Nast on behalf of Appellee(s) FWK Holdings, L.L.C.; KPH Healthcare Services, Inc., A/K/A Kinney Drugs, Inc.; and Rochester Drug Co-Operative, Inc.. [25-2221] (DMN) [Entered: 07/21/2025 04:14 PM] |
| Filing 6 ECF FILER: ENTRY OF APPEARANCE from Jeffery C. Bank on behalf of Appellant(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-2221, 25-2222] (JCB) [Entered: 07/21/2025 04:11 PM] |
| Filing 5 ECF FILER: NOT PARTICIPATING: Appellees Fougera Pharmaceuticals Inc and Sandoz Inc in 25-2219, 25-2220, Appellee Sandoz Inc in 25-2221, 25-2222 will not participate in this appeal, received. [25-2219, 25-2220, 25-2221, 25-2222] (DJF) [Entered: 07/16/2025 04:34 PM] |
| Filing 4 CLERK ORDER The above-docketed appeals are hereby consolidated for purposes of disposition only. The Court disfavors redundant briefing. The parties are therefore encouraged to consult with one another regarding the contents of their briefs and may file consolidated brief(s) or join in or adopt portions by reference as practicable. See Fed. R. App. P. 28(i). [25-2219, 25-2220, 25-2221, 25-2222] (AMR) [Entered: 07/08/2025 04:23 PM] |
| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (AMR) [Entered: 07/08/2025 03:39 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (AMR) [Entered: 07/08/2025 03:39 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellants Mylan Inc and Mylan Pharmaceuticals Inc in District Court No. 2:16-md-02724,2:16-CM-27241. "Transferred from Misc. No. 25-8010." (AMR) [Entered: 07/08/2025 03:36 PM] |
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