Stay updated with the latest in Intellectual Property (IP) news through our blog! We provide periodic updates on newly filed Inter Partes Reviews (IPRs), as well as patent-related news and updates from various Technological Fields. Get the latest scoop on Patent news from tech Giants like Apple, Tesla, and more, along with updates from the Pharmaceutical Industry. Stay informed and ahead of the game with our comprehensive blog on IP news and updates !

Cup of Curiosi Tea

American Sales Company VS Pfizer

Basic Information:
  • Case No.: 2:14-cv-0361
  • Plaintiffs: American Sales Company LLC, Cesar Castillo Inc, Rochester Drug Co-Operative Inc and many more. (The Direct Purchasers)  
  • Defendant: Pfizer.
  • Judge: Arenda L. Wright Allen
  • Court: United States District Court for the Eastern District of Virginia.
  • Action: Anti-Trust Action
  • Product: Celebrex (Celecoxib) 

Remark:
  • To resolve allegations over Pfizer's use of fraudulent patent to delay generic competition for its drug Celecoxib (Celebrex).
  • The lawsuit, brought by 32 direct purchasers of Celebrex in April and certified a class action lawsuit in August. Direct purchasers claimed Pfizer attempted to revive its invalidated patent (US5760068) by making material misrepresentations to the USPTO. As result, the USPTO granted Pfizer a new patent (USRE44048) based on this reportedly inaccurate information.
  • The plaintiff allege Pfizer filed a lawsuit against five generic manufacturers for infringing upon the fraudulently obtained patent to maintain monopoly over the drug.
  • The 32 direct purchasers argued Pfizer's move to delay generic competition of the drug cost them hundreds of millions.
  • Pfizer and the direct purchasers entered into the settlement on 22nd, Nov, 2017 and agree to pay $94 million to plaintiffs.
  • The agreement still needs official court approval.
Outcome:
  • Settled; Pfizer agree to pay $94 million to plaintiffs.

No comments

Top Five Things CEOs of Startups Should Do for Intellectual Property Protection to See Enormous Growth

Intellectual Property (IP) protection is a crucial yet often overlooked aspect of running a successful startup. A solid IP strategy can help...