Pfizer provides opinion on European Lipitor patent

Oct 30 2006

Pfizer has said that the European Patent Office (EPO) has issued an opinion upholding, in its entirety, the company's calcium salt patent covering Lipitor.

The opinion was provided at the request of a Spanish court that is hearing a patent infringement case filed against Pfizer by generic manufacturer Ranbaxy.

The EPO rejected arguments by Ranbaxy that a patent covering atorvastatin calcium, the active ingredient in Lipitor, is invalid for "lack of novelty" and "lack of inventive step." The opinion had been requested by the Commercial Court number 4 in Barcelona, and will be among several expert views the court will consider before rendering a decision in the pending litigation. Lipitor is sold in Spain under the brand names Zarator and Cardyl.

In another case involving the atorvastatin calcium patent, the Court of Appeal in Madrid has rejected an appeal filed by generic manufacturer Ratiopharm. The court's decision confirms the validity of Pfizer's patent claims under the agreement on Trade Related Intellectual Property Rights (TRIPS) of the World Trade Organization.

Pfizer said it will continue to vigorously defend its intellectual property rights against infringement.