Ranbaxy Wins Lipitor Patent Challenge in Austria, Faces Pfizer's Appeal

Indian drugmaker Ranbaxy Pharmaceuticals scored a victory on the patent front when the Austrian Patent Office (APO) invalidated a patent on Pfizer's cholesterol-lowering drug Lipitor.

The APO agreed with Ranbaxy's argument that Pfizer's patent covering atorvastatin calcium -- the active ingredient in Lipitor -- lacked an inventive step. The decision applies only to Austria and is not relevant to patent litigation between Ranbaxy and Pfizer in other jurisdictions, including the U.S., according to Pfizer, which said it intends to appeal the ruling. Pfizer said the patent will remain in force during the appeal, which is expected to take approximately one year.

Lipitor is the world's best-selling drug, generating revenues of roughly $12 billion in 2004, according to Pfizer.