For a class action to work, the court wrote, the representative plaintiffs who hold the power to end all litigation over the matter for everybody else must share the same motivations as the rest of the class.
"This litigation attempts to close that gap in accountability and hold corporations - who, by the way, made millions and millions of dollars from US government work in Iraq - accountable, and give back some of those extravagant profits to individuals they harmed, " said Mr Azmy.
But when both sides agreed to the litigation, the Financial Services Authority (FSA) and the courts decided that all fresh claims should be put on hold until the legal issues were resolved.
The Petitioners asked the Court to review whether federal antitrust laws prohibit the settlement of patent litigation between a branded drug maker and a generic drug company which include a financial incentive for the generic company to hold off marketing its product for a time period.