In re Lipitor Antitrust Litigation, No. 12-2389 (PGS/DEA) (D.N.J.)

In this case, nicknamed Lipitor, Faruqi & Faruqi, LLP represents a pharmaceutical wholesaler and a proposed class of direct purchasers of Pfizer’s branded blockbuster cholesterol drug Lipitor (atorvastatin calcium), and direct purchasers of generic Lipitor manufactured by Ranbaxy.  The case alleges that Pfizer and its predecessors and affiliates engaged in an overarching anticompetitive scheme to delay less-expensive generic Lipitor competition.  The scheme included defrauding the United States Patent and Trademark Office, filing a baseless FDA petition, and conspiring with the first generic ANDA filer, Ranbaxy, not to enter the market until a particular date in 2011.  Plaintiffs allege that the scheme caused purchasers to be deprived of a less-expensive generic version of Lipitor and thus overcharged by billions of dollars.  Violations of §§ 1 and 2 of the Sherman Act are charged against both the Pfizer entities and Ranbaxy.