May 28, 2008 - Pfizer Inc said today that the Australian Full Federal Court in Victoria has upheld on appeal the exclusivity of its basic patent covering atorvastatin, the active ingredient in Lipitor. The ruling, the culmination of a lawsuit filed in 2005 by generic drug manufacturer Ranbaxy, preserves Lipitor's patent coverage in Australia through May 2012. Ranbaxy can appeal the decision.
The court found that a proposed Ranbaxy generic product would infringe Pfizer's basic Lipitor patent (AU 601,981). A second patent covering the calcium salt of atorvastatin (AU 628,198), which expires in September 2012, was ruled invalid by the court. Pfizer has the opportunity to appeal that ruling.
The Australian decision will not impact ongoing Lipitor patent actions in other countries, including the United States. Pfizer said it will continue to vigorously defend against challenges to its intellectual property, noting that patents provide the necessary incentive to invest in new and life-saving medicines that benefit millions of patients globally.
The whole Judgement can be read here.
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