In re Celebrex (Celecoxib) Antitrust Litigation

Updated: March 16, 2015
Status: Ongoing Case
Labaton Sucharow serves as class counsel in this antitrust case against Pfizer and its subsidiaries, GD Searle and Pfizer Asia Pacific, involving the non-steroidal anti-inflammatory drug Celebrex.

This case stems from Pfizer's patent infringement suits against potential generic competitors, which the Federal Circuit ruled against Pfizer's favor, resulting in an invalidation of Pfizer's last expiring patent. Pfizer was slated to lose its exclusivity over Celebrex after May 2014. It sought to obtain a reissue patent on the invalidated patent. In doing so, the plaintiffs allege that Pfizer committed fraud on the United States Patent and Trademark Office (PTO) and caused the examiner to issue a bogus reissue patent. With its fraudulently obtained reissue patent in hand, Pfizer promptly sued the same potential generic competitors for the purpose of delaying competition.

The district court ruled that the reissue patent was invalid on summary judgment, which Pfizer has appealed. However, Pfizer has used the "sham" litigation to obtain settlements that would ensure the delay of generic entry until at least December 2014. The plaintiffs allege that Pfizer's fraud on the PTO and ensuing "sham" litigation unlawfully delayed the entry of generic versions of Celebrex beyond the protections conferred to Pfizer by its valid patents and applicable FDA regulations.

The case is In re Celebrex (Celecoxib) Antitrust Litigation, No. 14-cv-00395 (E.D.Va.). Labaton Sucharow represents International Association of Heat and Frost Insulators and Asbestos Workers Local #6 Health and Welfare Fund. The defendants are Pfizer and Pfizer subsidiaries, GD Searle and Pfizer Asia Pacific.

Celebrex (celecoxib) is a non-steroidal anti-inflammatory drug used for the treatment of various arthritic conditions and pain associated with those conditions.