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.
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