Cases & Investigations

In re Lipitor Antitrust Lawsuit

CASE NUMBER: 12-cv-02389
PRACTICE AREAS: Antitrust
PRODUCT: Lipitor
CASE STATUS: Pending
COURT: United States District Court for the District of New Jersey

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

Lead Attorneys

David Sorensen Headshot

David F. Sorensen

Managing Shareholder
Daniel Walker Headshot

Daniel Walker

Shareholder

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