In re Lipitor Antitrust Lawsuit
Berger Montague was named interim co-lead class 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. Plaintiffs seek to recover overcharge damages incurred by the proposed class due to defendants’ conduct that delayed market entry of less expensive generic versions of Lipitor (generic name: atorvastatin calcium).
About the case
Plaintiffs allege that the Defendants implemented an overarching anticompetitive scheme under which the Pfizer Defendants: (1) defrauded the United States Patent and Trademark Office (“PTO”) 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. Plaintiffs further allege that as part of the scheme, Pfizer and defendant Ranbaxy entered into an unlawful market allocation agreement in 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.
Lead Attorneys: David F. Sorensen, Daniel Walker, and Daniel C. Simons