Lipitor Ruling Raises Class Status Bar in Pay for Delay Cases

Antitrust attorney Kenneth Racowski was quoted in a Bloomberg Law article discussing the implications of a recent ruling in a pay-for-delay case involving the cholesterol-reducing drug Lipitor. The denial of class certification to two groups of purchasers by a New Jersey federal judge reinforces the high bar plaintiffs must clear in cases challenging patent litigation settlements that include payments from brand drug companies to delay the entry of generic competitors. Mr. Racowski emphasized the significance of the ruling, given the high-profile nature of the Lipitor drug.

"This is a big case, a big opinion for a drug that everybody knows," Mr. Racowski said. "Just in and of itself, that's a great soundbite, that's a great precedent for the defense."

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