Lipitor Generic Suppression Antitrust Litigation

Court: United States District Court, District of New Jersey

Southeast Laborers Health and Welfare Fund v. Pfizer Inc., Case No.: 12-cv-02389

Leadership Position: Interim Co-Lead Class Counsel

WBE is serving as Interim Co-Lead Counsel for a proposed end-payor class in an action against Pfizer Inc. and Ranbaxy Pharmaceuticals Inc., among others, seeking damages and equitable relief for violations of antitrust and consumer protection laws in connection with Pfizer’s blockbuster cholesterol drug Lipitor, once the best-selling drug of all time.  Plaintiffs allege that the defendants fraudulently procured a patent covering Lipitor, engaged in sham litigation concerning that patent, and entered into a pay-for-delay deal to keep generic versions of the drug off of the market.  As a result of these actions, market entry of a generic version of Lipitor was delayed for several years, forcing the proposed end-payor class to pay more for Lipitor and its generic equivalents than they would have in the absence of the defendant’s anticompetitive conduct.

End-payor plaintiffs have submitted their motion for class certification and await the Court’s decision.

To view a copy of the complaint, click here.

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