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4.3.2012

Wexler Wallace Files Case Against Makers of Lipitor

Wexler Wallace LLP, along with its co-counsel, filed a case on March 27 on behalf of a class of end purchasers against Pfizer, Inc. and Ranbaxy Pharmaceuticals, Inc., alleging that defendants committed a number of antitrust violations starting with the fraudulent procurement of the patent covering the blockbuster brand name drug, Lipitor.

According to the complaint, Pfizer and Ranbaxy also entered into sham litigation and anticompetitive settlement in an effort to protect the Lipitor monopoly and allocate the post-generic entry market.  As a result of these actions, generic Lipitor competition was delayed for a number of years, forcing the proposed class of end purchasers to pay more for Lipitor and its generics than they should have but for defendants’ conduct.

Cases for both direct and indirect purchasers of Lipitor have been filed in New Jersey, Pennsylvania, New York and Massachusetts.   On March 29, 2012, the Judicial Panel for Multi-District Litigation heard argument on consolidation and transfer of the pending cases to one forum.  The parties are awaiting the Panel’s decision on these issues.

For a copy of the complaint, click here.

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