Pay-for-Delay Suit Involving Lipitor Runs Into Dubious Court (1)

A panel of Third Circuit judges seemed skeptical of plaintiffs’ plea to revive a case accusing Sun Pharmaceutical Industries Ltd. of conspiring to delay the generic version of cholesterol-reducing drug Lipitor.

During oral arguments Tuesday afternoon, Judge Patty Shwartz pressed plaintiffs’ counsel on whether a reasonable jury could find that a generic version of Lipitor would have been approved earlier by the Food and Drug Administration if not for an alleged deal between Sun and Pfizer Inc., Lipitor’s manufacturer, to prevent the less expensive drug from launching until November 2011.

“What evidence do we have to make that inference?” ...