Spanish Court Upholds Lipitor Patent
A Spanish court has upheld Pfizer’s patent covering the calcium salt of atorvastatin, the active ingredient in Lipitor, while also ruling that a second patent is invalid, Pfizer announced.
Ranbaxy Laboratories had initiated the suit, which was decided by the Commercial Court of First Instance Number 4 in Barcelona, Pfizer said. Lipitor (atorvastatin calcium) is sold in Spain under the brand names Zarator and Cardyl.
This was the fourth time a generic company has challenged Pfizer’s calcium salt patent in Spain, Pfizer said. The patent was upheld in one previous case and invalidated in two others. The decisions have been appealed. Pfizer said the calcium salt patent expires in July 2010.
“This is a victory not only for Pfizer, but for all innovators pursuing high-risk medical discoveries and for the patients who benefit from those discoveries,” Pfizer General Counsel Allen Waxman said.
Ranbaxy has challenged Pfizer’s Lipitor patents in several other countries, including Ireland, where a court recently ruled in favor of Pfizer.
A Norwegian court ruled in May that four of Pfizer’s Lipitor patents in are either invalid or not infringed on by Ranbaxy’s generic product. Pfizer said it planned to appeal.
In Denmark, a court granted Pfizer a preliminary injunction earlier this year blocking the sale of Ranbaxy’s product pending a final decision. Previously, a Canadian court invalidated one Lipitor patent but upheld another. — Breda Lund
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