PBS NewsHour Weekend; PBS NewsHour Weekend : KQED : June 6, 2015 5:30pm-6:01pm PDT

Captioning sponsored by WNET

>> Stewart: ON THIS EDITION FOR SATURDAY JUNE 6: ARE CHINESE HACKERS ACCESSING U.S. DATABASES IN AN EFFORT TO RECRUIT SPIES? AFTER ANOTHER WEEK OF VIOLENCE, NEW PROMISES TO FIGHT BOKO HARAM IN NIGERIA. AND IN OUR SIGNATURE SEGMENT, ARE SOME DRUG COMPANIES PAYING TO DELAY LESS EXPENSIVE GENERICS FROM HITTING THE MARKET? NEXT ON PBS NEWSHOUR WEEKEND.

>> PBS NEWSHOUR WEEKEND IS MADE POSSIBLE BY: CORPORATE FUNDING IS PROVIDED BY MUTUAL OF AMERICA-- DESIGNING CUSTOMIZED INDIVIDUAL AND GROUP RETIREMENT PRODUCTS. THAT'S WHY WE ARE YOUR RETIREMENT COMPANY. ADDITIONAL SUPPORT IS PROVIDED BY: AND BY THE CORPORATION FOR PUBLIC BROADCASTING AND BY CONTRIBUTIONS TO YOUR PBS STATION FROM VIEWERS LIKE YOU. THANK YOU. FROM THE TISCH WNET STUDIOS IN LINCOLN CENTER IN NEW YORK, ALISON STEWART.

>> Stewart: GOOD EVENING AND THANKS FOR JOINING US. I'M ALISON STEWART IN FOR HARI SREENIVASAN. WE'RE LEARNING MORE TONIGHT ABOUT ONE OF THE LARGEST-KNOWN CYBER ATTACKS EVER TO STRIKE THE U.S. GOVERNMENT. OFFICIALS SUSPECT CHINESE HACKERS COMPROMISED THE RECORDS OF SOME FOUR MILLION CURRENT AND FORMER FEDERAL EMPLOYEES STEALING DATA FROM THE OFFICE OF PERSONNEL MANAGEMENT'S COMPUTER NETWORK. ACCORDING TO THE "WASHINGTON POST," EXPERTS SUSPECT THE HACKERS ARE COLLECTING MASSIVE AMOUNTS OF PERSONAL INFORMATION. THEIR GOAL: TO FIND AND POTENTIALLY RECRUIT SPIES INSIDE THE U.S. GOVERNMENT. THE POST QUOTES GOVERNMENT OFFICIALS WHO CALL THE THEFT PART OF A STRATEGIC PLAN. THIS IS THE THIRD MAJOR CYBER ATTACK ON A FEDERAL DATABASE IN THE PAST YEAR. THE WHITE HOUSE IS CALLING ON CONGRESS TO, "COME OUT OF THE DARK AGES" AND PASS CYBER SECURITY LEGISLATION. BUT CRITICS SAY THE OBAMA ADMINISTRATION HASN'T DONE ENOUGH TO SECURE FEDERAL DATABASES. IN WILMINGTON DELAWARE TODAY, AN OVERFLOW CROWD OF AT LEAST A THOUSAND PEOPLE GATHERED FOR THE FUNERAL MASS FOR THE VICE PRESIDENT'S SON, BEAU BIDEN. THE FORMER MARYLAND ATTORNEY GENERAL DIED A WEEK AGO OF BRAIN CANCER AT THE AGE OF 46. INSIDE, PRESIDENT BARACK OBAMA DELIVERED A EULOGY, DESCRIBING BEAU BIDEN AS HIS FATHER'S SON CALLING HIM , "JOE-TWO-POINT- OH:"

>> SOMEONE WHO CARED, SOMEONE WHO CHARMED YOU, AND DISARMED YOU, AND PUT YOU AT EASE. A 10-YEAR INTERNAL STUDY OF THE SOCIAL SECURITY ADMINISTRATION SHOWS THAT THE GOVERNMENT OVERPAID SOCIAL SECURITY BENEFICIARIES BY NEARLY 17 BILLION DOLLARS. THE INSPECTOR GENERAL'S OFFICE TRACKED THE PAYMENTS FROM 2003 TO 2014. MANY OF THE OVERPAYMENTS WENT TO PEOPLE WHO EARNED TOO MUCH TO QUALIFY, WERE NO LONGER DISABLED, HAD DIED OR GONE TO PRISON. THE AGENCY'S DEBT COLLECTION PROGRAM RECOUPED OVER EIGHT BILLION DOLLARS. BUT INVESTIGATORS SAY IT TOOK YEARS TO GET THAT MONEY BACK. A FEDERAL JURY HAS ACQUITTED A FORMER B.P. EXECUTIVE ACCUSED OF MAKING FALSE STATEMENTS TO FEDERAL INVESTIGATORS AFTER THE" DEEPWATER HORIZON" OIL RIG EXPLOSION. DAVID RAINEY WAS FACING FIVE YEARS IN PRISON FOR ALLEGEDLY MISLEADING INVESTIGATORS. HE ESTIMATED NEARLY 5,100 BARRELS OF OIL PER-DAY WERE LEAKING INTO THE GULF. SCIENTISTS LATER FOUND IT WAS MORE THAN 60,000 BARRELS PER DAY. THE DEFENSE ARGUED RAINEY HAD NO REASON TO LIE. THE 2010 EXPLOSION KILLED 11 PEOPLE AND TRIGGERED THE LARGEST OFFSHORE OIL SPILL IN U.S. HISTORY. IN IRAQ, PRO-GOVERNMENT TROOPS FOUGHT OFF TWO ISIS ATTACKS IN ANBAR PROVINCE. ISIS TRIED TO TAKE HUSSEIBA TODAY, USING HEAVY MORTAR FIRE, BUT IRAQI FORCES HUNG ON. THE U.S. LED COALITION CONTINUES TO CONDUCT AIRSTRIKES. A U.S. GENERAL CALLED THE BOMBING CAMPAIGN AGGRESSIVE AND SAYS IT HAS KILLED 1,000 ISLAMIC STATE FIGHTERS PER MONTH. STILL, IRAQI FORCES HAVE NOT BEEN ABLE TO RETAKE THE KEY CITY OF RAMADI. IN CHINA, THE DEATH TOLL FROM THE OVERTURNED CRUISE LINER THAT CAPSIZED MONDAY NIGHT HAS JUMPED TO 396 PEOPLE. THE "EASTERN STAR" FLIPPED OVER ON THE YANGTZE RIVER DURING A FREAK STORM MONDAY NIGHT. CREWS RIGHTED THE SHIP AND RESCUERS ARE STILL HOLDING OUT HOPE, SEARCHING FOR SURVIVORS. THEY'VE ONLY FOUND 14 SO FAR. MOST OF THE PASSENGERS WERE ELDERLY TOURISTS.

>> Stewart: IT HAS BEEN JUST OVER A WEEK SINCE THE NEW PRESIDENT OF NIGERIA, MUHAMMADU BUHARI WAS INAUGURATED. AND SO FAR, THE WEEK HAS BEEN MARRED BY A SERIES OF ATTACKS, ALL BLAMED ON THE ISLAMIC MILITANT GROUP BOKO HARAM. MOST RECENTLY, AS MANY AS 45 PEOPLE HAVE DIED IN A SUICIDE BOMBING IN NORTHEASTERN NIGERIA. IN HIS INAUGURAL ADDRESS, BUHARI CALLED BOKO HARAM "MINDLESS" AND" GODLESS" AND VOWED TO ERADICATE THE GROUP AND RESCUE HUNDREDS OF WOMEN AND CHILDREN IT'S TAKEN HOSTAGE. SO HOW WILL HE MAKE GOOD ON THAT PLEDGE? FOR MORE INSIGHT, WE'RE JOINED NOW VIA SKYPE FROM ACCRA, GHANA BY DREW HINSHAW OF THE WALL STREET JOURNAL. AND, DREW, IN THE SHORT TERM HOW IS THE NEW PRESIDENT GOING TO MAKE GOOD ON THAT PROMISE?

>> WELL, THE FIRST THING HE'S DONE IS EXPRESS A CERTAIN SERIOUSNESS ABOUT THE ISSUE THAT MIJEERNS, I THINK ARE CELEBRATING. HE'S TALKED ABOUT MOVING HIS GENERAL TO THE NORTHEAST THAT THEY CAN BE IN CLOSER CONTACT WITH THE SOLDIERS WHO HAVE TO FIGHT THIS WAR. I THINK WHAT YOU'RE SEEING, THOUGH, IS THAT BOKO HARAM IS A GROUP OF MAYBE SEVERAL THOUSANDS INDIVIDUALS WHO ARE FIGHTING A DIFFERENT KIND OF WAR. I MEAN, THEY'RE HAPPY TO KILL CIVILIANS AT THEIR LEISURE AND IT'S GOING TO BE INCREDIBLY HARD FOR ANY PRESIDENT TO PROTECT EVERY VILLAGE, SCHOOL AND MARKET IN A COUNTRY OF 177 MILLION PEOPLE, AND I THINK MANY NIGERIANS ARE UNDERSTANDING A NEW PRESIDENT DOESN'T MEAN THE END OF THE KIND OF CARNAGE THAT WE'VE SEEN GLAL WITHOUT TRYING TO SOUND TOO CYNICAL WHAT CAN HE DO TO FIGHT THIS KIND OF UNORTHODOX WAR?

>> IT'S TRUE. IT'S A HARD QUESTION. THEY'RE TALKING ABOUT DOING MORE SOCIOLOGICAL RESEARCH TOND WHY YOUNG PEOPLE FIND THEMSELVES WILLING TO FIGHT FOR BOKO HARAM A GROUP THAT HAS LOST ALMOST ALL OF ITS POPULAR SUPPORT AND YET THROUGH A MIXTURE OF KIDNAPPING AND RECRUITMENT AND A MIXTURE OF THE TWO HAVE BEEN ABLE TO BRING IN NEW PEOPLE. THERE ARE A LARGE NUMBER OF BOKO HARAM MEMBERS AND THE QUESTION IS WHAT DO WE DO WITH THEM? DO WE REREET REESE THEM OUT? DO WE HAVE A REHABILITATION PROGRAM FOR THEM AND THAT IS A HARD ISSUE.

>> ONE OF THE OTHER SOOSHZ THE DISPLACED PEOPLE. WHAT EFFORTS ARE GOING TOWARDS HELPING THOSE PEOPLE IN THAT CRISIS.

>> AGAIN IT'S A NEW ADMINISTRATION SO I DON'T THINK WE KNOW WHAT PRESIDENT BUHARI WANTS TO DO WITH THAT LARGE NUMBER OF PEOPLE. THE ECONOMIC REALITY IS I IMAGINE MANY OF THEM WILL MOVE SOUTH TO LAGOS AND CALAYBAR, AND HARCOURT, WHERE EMPLOYMENT OPPORTUNITIES ARE SLIGHTLY BETTER. NIGERIA HAS SEVERAL BILLIONAIRES BUT THE PART WHERE BOKO HARAM IS OPERATING IS UP NEAR LAKE CHAD, ONE OF THE POOREST PARTS ON EARTH. I IMAGINE PEOPLE BEING UPBRIGHT WAR AND THE ECONOMIC REALITY OF THAT PART OF NIGERIA ARE GOING TO MOVE SOUTH GLAL LET'S TALK A LITTLE BIT ABOUT AWKWARD I THINK IS A FAIR DESCRIPTION OF THE POSITION THE UNITED STATES IS IN GIVEN THAT NIGERIA'S MILITARY HAS THE OWN CASES OF HUMAN RIGHT ABUSES BHAP CAN THE UNITED STATES DO GIVEN THIS TENSION?

>> LATELY, U.S. OFFICIALS THAT WE'VE SPOKEN TO SEEM TO BE A LITTLE BIT MORE OPTIMISTIC THAN BEFORE. THEY FEEL THE ARMY IS OPENING UP TO THE IDEA THAT THEY NEED TO BE A LITTLE MORE CAREFUL ABOUT NOT KILLING AND ALIENATING THE VERY CIVILIANS THEY NEED TO WIN OVER. IN THE LONG RUN, HAVING A NEW PRESIDENT IS-- OFFERS AN OPPORTUNITY FOR THE U.S. MILITARY TO TRY NEW PARTNERSHIPS BUT IN THE LONG RUN, THIS IS A REALLY TOUGH SITUATION THAT THE NIGERIANS THEMSELVES ARE ARE GOING TO HAVE TO FIGURE OUT GLAL DREW HINSHAW OF THE "WALL STREET JOURNAL," THANKS FOR SHARING YOUR REPORTING.

>> THANK YOU TOO PB

>> Stewart: IN TONIGHT'S SIGNATURE SEGMENT, A LOOK AT THE HIGH COST OF PRESCRIPTION MEDICATION. CRITICS SAY THAT SOME PHARMACEUTICAL COMPANIES ARE USING A LITTLE-KNOWN PRACTICE TO DELAY SOME GENERIC, LESS EXPENSIVE VERSIONS OF DRUGS FROM HITTING THE MARKET. AND THE FEDERAL TRADE COMMISSION SAYS THESE DELAYS ARE COSTING CONSUMERS BILLIONS OF DOLLARS A YEAR. THIS UPDATED STORY ORIGINALLY AIRED LAST YEAR. NEWSHOUR CORRESPONDENT MEGAN THOMPSON REPORTS.

>> Reporter: IN 2004, KAREN WINKLER WAS DIAGNOSED WITH MULTIPLE SCLEROSIS, A DEBILITATING DISEASE AFFECTING THE NERVOUS SYSTEM. THE 47-YEAR-OLD MOTHER OF THREE, WHO LIVES IN CLARKSTON, MICHIGAN, STRUGGLES EVERY DAY WITH NUMBNESS, PAIN AND EXTREME FATIGUE.

>> IT'S SO OVERWHELMING. YOU WAKE UP TIRED. AND AS THE DAY PROGRESSES, IT JUST GETS WORSE AND WORSE.

>> Reporter: IN 2005, WINKLER'S DOCTOR PRESCRIBED A BRAND-NAME MEDICATION CALLED PROVIGIL. IT WAS ONE OF THE ONLY DRUGS FOR FATIGUE ON THE MARKET THAT HAD MINIMAL SIDE EFFECTS. IT WAS MADE BY A COMPANY CALLED CEPHALON, WHICH EARNED $475 MILLION ON PROVIGIL THAT YEAR. WINKLER'S DOCTOR PUT HER ON A HALF PILL, EVERY DAY.

>> IT WAS PERFECT, YOU KNOW. I HAD THREE YOUNG KIDS AND I COULD STILL DO- PRETTY MUCH DO EVERYTHING THAT I DID. AND, YOU KNOW, IF I HAD 10 THINGS ON THE TO-DO LIST, YOU KNOW, I COULD EITHER GET THE 10 THINGS DONE OR AT LEAST EIGHT OR NINE OF THEM.

>> Reporter: BETTER YET, WINKLER SAYS HER DOCTOR TOLD HER PROVIGIL WAS EXPECTED TO GO GENERIC SOON, POSSIBLY WITHIN A YEAR, WHICH COULD HAVE SAVED HER MORE THAN $1,000 A YEAR.

>> THEN IT DIDN'T GO GENERIC. AND IT WAS A WHOLE DIFFERENT STORY.

>> Reporter: NOT ONLY DID IT NOT GO GENERIC, THE PRICE INEXPLICABLY STARTED TO RISE.

>> IT WAS SIX-SOMETHING A PILL. AND THEN IT WAS SEVEN-SOMETHING A PILL. IN 2010, IT HAD GONE UP TO, LIKE, 16-SOMETHING A PILL.

>> Reporter: WINKLER'S INSURANCE ONLY COVERED HALF THE PRICE, AND HER OUT-OF-POCKET COST FOR A SIX-MONTH SUPPLY WENT FROM AROUND $300 IN 2008 TO MORE THAN $700 IN 2010. SO, COULD YOU AFFORD THAT?

>> NO. THAT WAS A CAR PAYMENT AND PLUS. AND WITH THREE YOUNG KIDS AND, YOU KNOW, FEEDING THEM, AND I FELT GUILTY THAT I WAS TAKING AWAY FROM THE FAMILY BUDGET.

>> Reporter: SO SHE DECIDED TO GO OFF PROVIGIL, AND TRY A LESS EXPENSIVE GENERIC VERSION OF A DIFFERENT DRUG. IT TURNED OUT NOT TO BE AS EFFECTIVE, AND MADE HER SHAKY AND JITTERY. HER REACTION TO NOT GETTING THE DRUGS SHE SAID SHE NEEDED?

>> I THOUGHT, HOW CAN THIS BE LEGAL, HOW CAN THIS BE-- IT'S DEFINITELY NOT MORAL. IT'S NOT HUMANE.

>> Reporter: WHY HADN'T PROVIGIL GONE GENERIC? AND WHY WAS THE PRICE OF IT RISING SO SHARPLY? AS WINKLER DISCOVERED THROUGH ONLINE RESEARCH, THE COMPANY MANUFACTURING THE DRUG, CEPHALON, WAS USING TWO COMMON BUT LITTLE KNOWN BUSINESS STRATEGIES THAT CRITICS SAY END UP COSTING CONSUMERS. FIRST, THERE'S SOMETHING THAT OPPONENTS CALL, "PAY FOR DELAY." HERE'S HOW "PAY FOR DELAY" WORKS. ACCORDING TO THE FEDERAL TRADE COMMISSION, WHEN GENERIC MANUFACTURERS CHALLENGE A DRUG'S PATENT, THE BRAND-NAME MANUFACTURER SOMETIMES OFFERS THEM COMPENSATION TO DROP THE CHALLENGE. IN THE CASE OF KAREN'S DRUG, CEPHALON OFFERED PAYMENTS AND BUSINESS DEALS WORTH AROUND $300 MILLION TO FOUR GENERIC COMPANIES, IN EXCHANGE FOR A GUARANTEE THAT NO GENERIC WOULD COME TO MARKET FOR ANOTHER SIX YEARS.

>> AT ITS SIMPLEST LEVEL, WE'RE TALKING ABOUT AN AGREEMENT BETWEEN A BRAND COMPANY AND A GENERIC COMPANY, IN WHICH THE BRAND COMPANY PAYS THE GENERIC COMPANY NOT TO LAUNCH A GENERIC IN COMPETITION WITH THE BRAND.

>> Reporter: MARKUS MEIER IS AN ASSISTANT DIRECTOR IN THE FEDERAL TRADE COMMISSION'S BUREAU OF COMPETITION. HE SAYS FIGHTING THESE SO-CALLED" PAY FOR DELAY" DEALS IS ONE OF THE F.T.C.'S TOP PRIORITIES. IN 2008, THE F.T.C. SUED CEPHALON, ALLEGING" ANTICOMPETITIVE CONDUCT BY CEPHALON TO PREVENT LOWER-COST GENERIC COMPETITION." A SEPARATE CLASS-ACTION LAWSUIT WAS ALSO FILED BY DRUG WHOLESALERS AND RETAILERS AGAINST CEPHALON, AND THE FOUR GENERIC MANUFACTURERS, ALLEGING" UNLAWFUL EXCLUSION OF GENERIC COMPETITION FROM THE MARKET." AND IN 2013, THE SUPREME COURT ISSUED A MAJOR RULING IN ANOTHER F.T.C. CASE THAT COULD OPEN THE DOOR FOR MORE LAWSUITS AGAINST DRUG MANUFACTURERS INVOLVED IN SIMILAR PRACTICES.

>> IF YOU CAN KEEP THE GENERIC OUT, THE BRAND CAN CONTINUE TO MAKE ALL THE SALES AT THE MONOPOLY PRICE AND STILL PAY THE GENERIC TO MAKE IT WORTHWHILE FOR THEM TO STAY OUT OF THE MARKET. WE'VE DONE A STUDY OF THIS BACK IN 2010 WHERE WE REALLY STUDIED THIS VERY CAREFULLY AND WE ESTIMATED THAT IT COST AMERICAN CONSUMERS ABOUT $3.5 BILLION A YEAR.

>> Reporter: DEALS LIKE THIS HAVE AFFECTED THE ROLLOUT OF GENERIC VERSIONS OF POPULAR DRUGS SUCH AS TAMOXIFEN FOR CANCER, LIPITOR FOR HIGH CHOLESTEROL, AND NEXIUM FOR HEARTBURN. IT MIGHT NOT SURPRISE YOU THAT WHAT OPPONENTS CALL "PAY FOR DELAY" DEALS, THE DRUG COMPANIES DESCRIBE COMPLETELY DIFFERENTLY. THE GENERIC MANUFACTURERS SAY THE NEGOTIATED SETTLEMENTS THEY REACH WITH BRAND-NAME DRUG MANUFACTURERS ACTUALLY SERVE CONSUMERS WELL. HOW? BECAUSE, THEY SAY, UNDER THOSE DEALS, GENERIC DRUGS HIT THE MARKET BEFORE THE BRAND DRUG'S PATENT EXPIRES, AND ONLY BECAUSE THEY CHALLENGED THOSE PATENTS IN THE FIRST PLACE.

>> DO WE WORK OUT COMPROMISE? PROUDLY, I SAY YES.

>> Reporter: RALPH NEAS IS PRESIDENT AND C.E.O. OF THE GENERIC PHARMACEUTICAL ASSOCIATION. NEAS SAYS THE SETTLEMENTS HELP AVOID COSTLY AND TIME-CONSUMING COURT TRIALS OVER THE DRUG PATENT CHALLENGES. AND, HE POINTS TO ONE STUDY SHOWING GENERIC MANUFACTURERS SUCCEED LESS THAN HALF THE TIME WHEN THEY DO END UP IN COURT.

>> WE MAY HAVE NO BETTER THAN A 50/50 CHANCE OF WINNING, MAYBE LESS. MAYBE WE CAN PUT SOMETHING ON THE TABLE THAT WOULD BE A BRIDGE TO A COMPROMISE. THIS HAS BEEN PART OF THE SUCCESSFUL EQUATION THAT HAVE GOTTEN AFFORDABLE MEDICINES TO CONSUMERS SOONER.

>> Reporter: YOUR OPPONENTS WOULD SAY THAT IF IT WEREN'T FOR THESE PAYMENTS THAT WERE BEING MADE, THESE DRUGS MAY HAVE COME TO MARKET EVEN SOONER.

>> SOMETIMES YOU GO ALL THE WAY AND YOU MIGHT GET TEN YEARS OR EIGHT YEARS SOONER. BUT IF YOU ARE PRETTY SURE YOU CAN GET FIVE OR SIX OR SEVEN YEARS, IT'S BETTER TAKING THAT FIVE OR SIX OR SEVEN YEARS RATHER THAN ROLLING THE DICE AND GETTING NOTHING FOR THE CONSUMERS YOU'RE TRYING TO SERVE.

>> Reporter: IN EACH OF THESE CASES, THE GENERIC DOES END UP COMING TO MARKET MONTHS, SOMETIMES EVEN YEARS BEFORE THAT PATENT IN QUESTION EXPIRES. SO, ISN'T THAT GOOD FOR CONSUMERS?

>> WELL, THE FACT THAT THE GENERIC COMES IN EARLIER COULD, IN THEORY, BE BETTER, BUT YOU HAVE TO COMPARE IT TO THE LIKELIHOOD THAT THE GENERIC WOULD HAVE COME EVEN EARLIER. SO TAKE, FOR EXAMPLE, PROVIGIL. IT'S TRUE THAT THERE IS A GENERIC IN THE MARKET TODAY. BUT WE CONTEND THAT BUT FOR THIS AGREEMENT, CONSUMERS WOULD HAVE HAD ACCESS TO A GENERIC ALL THE WAY BACK IN 2006.

>> Reporter: BUT BECAUSE OF WHAT CRITICS DESCRIBE AS THOSE "PAY FOR DELAY" DEALS, PROVIGIL DIDN'T GO GENERIC. SO KAREN WINKLER AND OTHER CONSUMERS PAID THE PRICE. AND IT TURNS OUT SHE PAID EVEN MORE BECAUSE OF THAT SECOND CONTROVERSIAL BUSINESS STRATEGY THAT CEPHALON USED THEN AND OTHER DRUG MANUFACTURERS CONTINUE TO USE TODAY-- SOMETHING OPPONENTS CALL" EVERGREENING." THE IDEA IS TO GET CONSUMERS OFF THE DRUG THEY'RE TAKING AND ON COMPANY IS MAKING. IN WINKLER'S CASE, OFF PROVIGIL WHOSE PATENT WAS GOING TO EXPIRE, AND ONTO A NEW DRUG, NUVIGIL, WHOSE PATENT HAD SEVERAL MORE YEARS TO RUN. COMPANIES SOMETIMES DO THIS BY RAISING PRICES ON THE FIRST DRUG. SURE ENOUGH, WHEN WINKLER COMPLAINED ABOUT THE RISING PRICE OF PROVIGIL, HER DOCTOR SUGGESTED NUVIGIL, WHICH WAS CHEAPER. BUT WINKLER SAYS IT GAVE HER POUNDING HEADACHES. SO SHE WENT ONLINE TO FIGURE OUT WHAT WAS GOING ON.

>> AND WHAT THEY WERE TRYING TO DO WAS TO GET PATIENTS OFF OF PROVIGIL, BECAUSE THEY KNEW IT WAS GOING TO BE GOING GENERIC SHORTLY, TO START TAKING THIS NUVIGIL THAT HAD THIS NEW EXTENDED PATENT PERIOD.

>> IT'S VERY RARE FOR PATIENTS TO SWITCH BACK ONCE THE GENERIC COMES INTO THE MARKETPLACE. SO, IT'S A STRATEGY FOR THE BRAND TO BE ABLE TO HOLD ON TO THE MARKET LONGER, EVEN AFTER THERE'S A GENERIC IN THE MARKETPLACE.

>> Reporter: THIS IS ONE AREA WHERE THE GENERIC PHARMACEUTICAL ASSOCIATION AND THE F.T.C. AGREE.

>> THAT'S KEEPING AFFORDABLE MEDICINE FROM PEOPLE WHO DESPERATELY NEED IT. AND WE'RE VERY MUCH AGAINST IT AND IT'S A BIG ISSUE.

>> Reporter: WHAT DOES PROVIGIL'S MANUFACTURER, CEPHALON, HAVE TO SAY ABOUT THE TWO STRATEGIES? IN 2011, THE COMPANY WAS ACQUIRED BY TEVA, THE WORLD'S LARGEST GENERIC DRUG COMPANY. IN A STATEMENT LAST YEAR TO NEWSHOUR, TEVA DECLINED TO COMMENT ON EVERGREENING. AS FOR THE SO-CALLED "PAY FOR DELAY" STRATEGY, THE COMPANY SAID IT BELIEVED THE AGREEMENTS WERE "LAWFUL AND SERVED TO INCREASE COMPETITION" AND THAT IT WOULD "DEFEND THEM VIGOROUSLY." BUT JUST LAST WEEK, A MAJOR DEVELOPMENT IN THE F.T.C.'S CASE.

>> I WANT TO ANNOUNCE THAT THE FEDERAL TRADE COMMISSION HAS REACHED A LANDMARK SETTLEMENT RESOLVING OUR ANTITRUST SUIT AGAINST CEPHALON INCORPORATED.

>> Reporter: TEVA AGREED TO SETTLE FOR $1.2 BILLION, THE LARGEST SETTLEMENT EVER IN F.T.C. HISTORY. THE MONEY WILL REFUND WHOLESALERS, PHARMACIES AND INSURERS THE F.T.C. SAYS OVERPAID FOR PROVIGIL. TEVA ALSO AGREED NOT TO ENTER SIMILAR DEALS IN THE FUTURE. A SPOKESPERSON SAID, "WE ARE PLEASED TO HAVE REACHED AN AGREEMENT WITH THE GOVERNMENT. TEVA BELIEVES IT IS THE RIGHT PATH FOR OUR COMPANY, FOR THE INDUSTRY AND FOR THE PATIENTS WE SERVE." TEVA ALSO SETTLED THE OTHER, CLASS-ACTION SUIT EARLIER THIS YEAR FOR HALF A BILLION DOLLARS AN AMOUNT THE F.T.C. WILL FOLD INTO ITS SETTLEMENT.

>> I BELIEVE THIS SETTLEMENT BRINGS US ONE STEP CLOSER TO STOPPING THESE ILLEGAL ARRANGEMENTS.

>> Reporter: INDIVIDUALS LIKE KAREN WINKLER LIKELY WON'T SEE MONEY FROM THE SETTLEMENT ANYTIME SOON. BUT, SHE SAYS, SHE HOPES IT WILL MAKE OTHER COMPANIES THINK TWICE ABOUT MAKING SIMILAR DEALS. PROVIGIL DID GO GENERIC IN 2012 AND THE PRICE FOR WINKLER FELL FROM MORE THAN $700 TO $16 FOR A THREE-MONTH SUPPLY. SHE WENT BACK ON THE DRUG, AND SAYS IT'S MADE ALL THE DIFFERENCE.

>> Stewart: AHEAD OF WORLD OCEANS DAY, CODERS IN TWELVE CITIES AROUND THE WORLD RACE TO DEVELOP THE BEST MOBILE APP TO HELP STOP ILLEGAL FISHING. TO EXPLORE THE "FISH HACKATHON," VISIT pbs.org/newshour.

>> Stewart: FOR THE FIRST TIME EVER, WORKERS AT A MAJOR ONLINE MEDIA OUTLET, GAWKER MEDIA, HAVE VOTED TO UNIONIZE. IN FACT, THE VOTE WAS A LANDSLIDE AMONG THE 100-PLUS EMPLOYEES WHO CONTRIBUTE TO THE POPULAR WEBSITES GAWKER, DEADSPIN and JEZEBEL. JOINING ME NOW WITH SOME INSIGHT IS THE HUFFINGTON POST'S SENIOR MEDIA EDITOR GABRIEL ARANA. GABRIEL, BY ALL ACCOUNTS, WORKERS WERE REALLY HAPPY AT GAWKER MEDIA GENERALLY, SO WHY GAWKER? WHY NOW?

>> SO WHEN YOU TALK TO WORKERS THE PURPORTED REASON FOR ORGANIZING BUNDT BECAUSE THEY WERE UPSET WITH MANAGEMENT. THEY WEREN'T UNHAPPY. IT'S BECAUSE THEY WANTED MORE TRANSPARENCY IN THE WAY THINGS LIKE SALARIES ARE DECIDED, THINGS LIKE BONUSES ARE DECIDED. RIGHT NOW THOSE THINGS ARE SUBJECT TO INDIVIDUAL NEGOTIATIONS, AND NOBODY SORT OF KNOWS WHAT THE RULES ARE FOR EVERYBODY. AND SO, THE GOAL WAS TO BRING MORE TRANSPARENCY TO THAT PROCESS. AND THEN ALSO, AS THE INDUSTRY IS MATURING, PEOPLE WANT SECURITY. PEOPLE WANT PROTECTION INTO THE FUTURE. AND GAWKER MIGHT BE A GREAT PLACE TO WORK NOW, BUT NOBODY KNOWS WHAT FUTURE HOLDS, WHAT SORT OF ECONOMIC CHALLENGES, STRUCTURAL CHANGES THE COMPANY GL THROUGH. SO IT'S REALLY, FOR THE FUTURE, FOR TRANSPARENCY, AND THEN FOR STABILITY. GLAL I'MGLAL I'M WONDERING HOW THE IDEA OF UNIONS WILL MESH WITH THE FREE-WHEELING SPIRIT OF THE INTERNET.

>> I THINK THE UNIONS ARE GOING TO HAVE TO DO MORE OF THE LEARNING. TECH WORKERS, HIGH-SKILL WORKERS, MILLENNIALS -- OF WHICH I AM ONE-- WE DEPARTMENT GROW UP IN A UNION ENVIRONMENT WHICH IS ONE OF THE THINGS THAT MAKES THE EFFORT REALLY EXCITING FOR THE LABOR MOVEMENT. THERE HAVE BEEN MANY EFFORTS TO ORGANIZE THE TECH SECTOR, TO ORGANIZE SOFTWARE ENGINEERS THAT HAVE BEEN LARGELY UNSUCCESSFUL BUT HERE YOU HAVE A REALLY YOUNG WORKFORCE VOTING TO UNIONIZE. AND IN A NASIENT AND THRIVING INDUSTRY AND THE AS THE UNION RATE HAVE DECLINED, THIS WILL BE A SIGN OF LIFE.

>> WILL THIS BE ONE OF THE MOMENTS WHEN THEY LOOK BACK AND SAY THAT WAS A TURNING POINT IN THE INTERNET CULTURE?

>> I THINK SO. I THINK THIS IS THE BEGINNING OF A TREND AND AS THE INDUSTRY MATURES, AS IT GROWS, YOU'RE GOING TO SEE MANY MORE ORGANIZING EFFORTS AT SIMILAR DIGITAL MEDIA COMPANIES.

>> PLACING LIKE HUFFINGTON POST OR VOX MEDIA. THIS IS GOING TO BECOME THE NEW NORMAL, PERHAPS?

>> I WOULD SAY THERE ARE A FEW THINGS THAT WERE UNUSUAL ABOUT THE GAWKER UNION VOTE THAT YOU MIGHT NOT-- THAT MIGHT NOT BE THE CASE FOR OTHER COMPANIES.

>> WHAT WERE THEY?

>> SO, THE ENTIRE VOTE AT GAWKER ACTUALLY WAS REALLY AS YOUY'S. USUALLY WH WORKERS ANNOUNCE AN AYERST TO ORGANIZE, THERE IS A CONCERTED CAMPAIGN ON THE PART OF MANAGEMENT TO CONVINCE WORKERS NOT TO ORGANIZE. BUT YOU REALLY SAW NONE OF THAT IN THIS CASE. MANAGEMENT TOOK A RELATIVELY HANDS-OFF APPROACH, AND SORT OF IN KEEPING WITH GAWKER'S CULTURE, WITH THEIR COMMITMENT TO RADICAL TRANSPARENCY EMPLOYEES DEBATED OPENLY ABOUT THE BENEFITS AND DOWNSIDE OF ORGANIZING ON GAWKER'S OWN SITE IN PUBLIC VIEW UPON NOT TO SAY THERE HAVEN'T BEEN ANY PROBLEMS. THERE ARE SOME COMPLAINTS THAT COMMUNICATION BETWEEN ORGANIZERS AND THE STAFF COULD HAVE BEEN BETTER. SO IT WASN'T PERFECT, BUT IT'S REALLY REMARKABLE FOR MANAGEMENT'S RELATIVELY HANDS-OFF APPROACH. LABOR LEADERS MIGHT HOPE THAT THAT WILL BE THE CASE EVERYWHERE. I THINK THE HISTORY OF AMERICAN LABOR CAUTIONS YOU TO BE CAREFUL.

>> GABRIEL ARANA FROM HUFFINGTON POST, THANKS SO MUCH.

>> THANK YOU.

>> FINALLY, AMID ALL THE CONTROVERSY SURROUNDING FEV ATHE GOMPING BODY OF SOCCER THE WOAM'S WORLD CUP START TONIGHT IN EDMONTON ALBERTA, CANADA. THE WOMEN'S TEAM IS A TWO-TIME CHAMP AND FAVORITE THIS YEAR. TEAM U.S.A. PLAYS ITS FIRST GAME AGAINST AUSTRALIA JUNE 8. SERENA WILLIAMS CAME FROM BEHIND TO WIN HER THIRD FRENCH OPEN AND 20th MAJOR SINGLES. I'M ALISON STEWART. THANKS FOR WATCHING. GOOD NIGHT. Captioning sponsored by WNET Captioned by Media Access Group at WGBH access.wgbh.org

>> PBS NEWSHOUR WEEKEND IS MADE POSSIBLE BY: CORPORATE FUNDING IS PROVIDED BY MUTUAL OF AMERICA-- DESIGNING CUSTOMIZED INDIVIDUAL AND GROUP RETIREMENT PRODUCTS. THAT'S WHY WE ARE YOUR RETIREMENT COMPANY. ADDITIONAL SUPPORT IS PROVIDED BY: AND BY THE CORPORATION FOR PUBLIC BROADCASTING AND BY CONTRIBUTIONS TO YOUR PBS STATION FROM VIEWERS LIKE YOU. THANK YOU. ♪ ♪ ♪ ♪ BARBARA EHRENREICH : HISTORICALLY WAR IS OFTEN WHAT DEFINES MANHOOD. WHEN YOU WANTED TO PROVE THAT YOU W ERE A MAN, YOU HAD TO PARTICIPATE IN A BATTLE. YOU KNOW IN A CERTAIN KIND OF WARFARE, MEN ON AVERAGE HAVE AN ADVANTAGE. AND THAT IS ONE ON ONE COMBAT, TRADITIONALLY