Case Number: No. 12-cv-02389

Practice Area: Antitrust

Case Status: Pending

Court: United States District Court for the District of New Jersey

Berger Montague currently serves as Co-Lead Counsel on behalf of a class of direct purchasers of the prescription drug Lipitor from Pfizer Inc. in this antitrust class action involving alleged efforts to delay generic competition for one of the largest selling prescription drugs in U.S. history. The plaintiffs seek to recover overcharge damages incurred by the proposed class due to the defendants’ conduct that delayed market entry of less expensive generic versions of Lipitor (generic name: atorvastatin calcium). The case is currently pending in the United States District Court for the District of New Jersey and is captioned In re Lipitor Antitrust Litigation, No. 12-cv-02389 (D.N.J.).

About the case

Led by Berger Montague shareholders David F. Sorensen, Caitlin Coslett, and Ellen T. Noteware, the plaintiffs allege that the defendants implemented an overarching anticompetitive scheme under which the Pfizer Defendants: (1) defrauded the United States Patent and Trademark Office by avoiding prior art contained in the original Lipitor patent to procure an additional patent allegedly also covering Lipitor; (2) wrongfully listed that Patent in the FDA Orange Book; and (3) filed a sham “Citizen Petition” to delay the FDA’s approval of Ranbaxy’s generic Lipitor. The plaintiffs further allege that as part of the scheme, Pfizer and defendant Ranbaxy entered into an unlawful market allocation agreement under which Ranbaxy agreed not to launch (or allow others to launch) a generic version of Lipitor in the United States until November 30, 2011 in exchange for consideration. After the United States Court of Appeals for the Third Circuit reversed the district court’s dismissal of the case on August 21, 2017, the case has proceeded with discovery.

If you or your company has been harmed by anticompetitive conduct or any conduct that you believe violates the antitrust laws, please contact Berger Montague.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, and Washington, D.C.

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