BYU's $1 billion lawsuit accuses Pfizer of fraud

Did Rx giant fail to give professor credit for drug?

Brigham Young University and one of its professors are suing pharmaceutical giant Pfizer, claiming BYU was defrauded of profits of at least $1 billion and credit for work that led to the blockbuster drug Celebrex.

The lawsuit, filed Wednesday in U.S. District Court in Salt Lake City, weaves a tale of a trusting university that didn't know much about patents in biomedical breakthroughs and that was allegedly deceived by an experienced drug company.

The medication, in the non-steroidal anti-inflammatory drugs (NSAID) class, is one of the so-called "super-aspirins." Celebrex and its second-generation drugs have had sales of more than $20 billion. The super-aspirin blocks the COX-2 enzyme, reducing pain and inflammation without triggering the sometimes-deadly gastrointestinal effects of some other NSAIDs, including aspirin. COX is scientific shorthand for the enzyme cyclooxygenase.

The lawsuit asks for a jury trial in its claim that Pfizer and its predecessor companies, including Monsanto, unjustly took credit for and profited from the work of Daniel L. Simmons, a professor of biochemistry at BYU. The complaint alleges both fraud and misappropriation of trade secrets and says BYU and Pfizer's predecessor company Monsanto had a contract to develop such drugs together.

The pharmaceutical company instead terminated the contract "under fraudulent pretenses," hid information that BYU was entitled to about patents and profited handsomely while shutting the university out, the lawsuit says.

The lawsuit estimates the university's lost potential revenue is in excess of $1 billion but does not specify a dollar amount for damages. Instead, the complaint asks that those be determined at trial.

The complaint also asks for a directive to the U.S. Patent and Trademark Office to issue a certificate of correction to various patents saying Simmons was erroneously omitted as an inventor, punitive damages and costs associated with the litigation.

Simmons said in a statement that he looked forward to receiving proper credit for his work. "I appreciate the support of the university, and I'm grateful that the real story behind this research will come out," he said.

A Pfizer spokesman denied the accusations.

"Dr. Simmons played no role in the discovery of Celebrex, and the allegations raised by BYU and Dr. Simmons are baseless," said Pfizer spokesman Bryant Haskins, in a statement. "The facts simply don't support the unfounded claims made in this lawsuit, and Pfizer will, of course, mount a vigorous defense."

BYU spokesman Michael Smart said the university had attempted to resolve this dispute for years before filing suit.

"BYU initiated phone calls and letters about this issue more than seven years ago," he said, and university officials also formally met four times with company executives.

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