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Sun Pharma Wins U.S. Appeal in Pfizer Lipitor Antitrust Case

Sun Pharma Wins U.S. Appeal in Pfizer Lipitor Antitrust Case. Source: Eduardo Munoz Alvarez/VIEW press/Corbis News via Getty Images

Sun Pharmaceutical Industries Ltd. said Monday that a U.S. appellate court affirmed a summary judgment in its favor in an antitrust lawsuit involving a 2008 patent litigation settlement with Pfizer.

The case centered on allegations that the agreement between Sun Pharma and Pfizer improperly delayed the introduction of generic competition for Lipitor, Pfizer’s blockbuster cholesterol-lowering drug. Lipitor contains atorvastatin, a widely prescribed medication used to help lower cholesterol and reduce cardiovascular risk.

Plaintiffs in the antitrust case argued that Sun Pharma’s 2008 settlement with Pfizer prevented generic atorvastatin from reaching the U.S. market sooner. According to their claims, generic versions of Lipitor could have become available earlier if the patent dispute had continued rather than ending in a settlement.

Sun Pharma disputed those allegations, and the district court previously granted summary judgment in the pharmaceutical company’s favor. The latest appellate court decision leaves that judgment intact, representing another legal victory for Sun Pharma in the long-running dispute.

In addition to affirming the summary judgment, the appellate court upheld the district court’s decisions denying the plaintiffs’ requests for class certification. The ruling means the plaintiffs were unsuccessful in challenging both the underlying judgment and the lower court’s handling of their proposed classes.

Patent settlements between brand-name pharmaceutical companies and generic drugmakers have frequently drawn antitrust scrutiny in the United States because of their potential impact on competition, drug pricing and the timing of generic market entry. Generic versions of major medicines can significantly increase competition and reduce costs once they become available.

The Sun Pharma-Pfizer dispute specifically focused on whether their 2008 patent settlement unlawfully postponed generic Lipitor competition. With the appellate court affirming the lower court’s rulings, Sun Pharma has successfully defended the settlement against the plaintiffs’ antitrust claims at this stage of the litigation.

The decision reinforces the district court’s findings in favor of Sun Pharma while maintaining its rejection of class certification in the case.

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