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Case Briefing

By ALM Staff | Law Journal Newsletters |
January 13, 2004

U.S. Attorney Files Drug Counterfeiting Complaint

In a criminal complaint filed December 5 in the U.S. District Court in Kansas City, MO, a Florida man was charged with selling counterfeit Lipitor', a prescription drug manufactured and distributed by Pfizer Ireland Pharmaceuticals and Pfizer Inc. The complaint alleges that Julio Cesar Cruz sold 203 bottles of Lipitor 10 mg tablets, with each bottle containing 5000 tablets, to G&K Pharma LLC, a Florida firm licensed to sell wholesale drugs in Missouri. Some of the tablets in each bottle tested by the Office of Criminal Investigations for the FDA, however, were counterfeit, ie, not manufactured or distributed by Pfizer. Further forensic analysis indicated that the bottles contained a mixture of counterfeit Lipitor and illegally diverted foreign-manufactured Lipitor. The complaint also alleges that Cruz manipulated and falsified the drugs' pedigree.

Request for Declaratory Judgment of Non-Infringement Denied

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