Lipitor Ruling Raises Class Status Bar in Pay-for-Delay Cases

Sun Pharmaceutical Industries Ltd.'s win against claims that the company conspired to hinder the release of a generic cholesterol-reducing drug raises the standard for plaintiffs to win class status in pay-for-delay cases.

The denial of class certification to two groups of purchasers of the blockbuster Lipitor drug from Judge Peter G. Sheridan of the US District Court for the District of New Jersey in June reinforces the high bar plaintiffs counsel must clear in cases challenging patent litigation settlements that include payments from brand drug companies to keep generic brands off the market.

Defense attorneys are likely to cite this ...