Pfizer’s Lipitor patent defence rejected in Austria

Ranbaxy Laboratories has succeeded in its attempt to challenge Pfizer’s atorvastin calcium patent in Austria. The litigation from Ranbaxy, an Indian-based generics manufacturer, focused on the active ingredient in Pfizer’s Lipitor, a cholesterol-reducing statin and the world’s best-selling drug.

A five-judge board on the Supreme Patent and Trademark Board of Austria ruled unanimously in favour of Ranbaxy. Its chief executive officer and managing director, Malvinder M. Singh, said: “We are pleased with the decision rendered by the Supreme Patent and Trademark Board of Austria.”

“Our success further validates our strategy to successfully commercialize atorvastatin in Austria, and potentially other healthcare markets in the future,” he added.

Pfizer rejected claims that the Austrian court’s decision would have implications for Lipitor patent decisions elsewhere, describing it as “not relevant ? in any other jurisdiction”. It said that it had successfully defended Ranbaxy’s challenges in the US, Romania, Peru, Norway and the UK, although it noted that Ranbaxy is appealing a number of these decisions.

The American company said it would “vigorously contest” all Lipitor challenges from companies “seeking to undermine Pfizer’s mission of creating value for patients and investors through biomedical invention”.

It added that its Lipitor patent was still valid in Austria until 2011 and that Ranbaxy’s challenge only affected Lipitor’s active ingredient, rather than the product itself.

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