Dutch court upholds Lipitor patent

Pfizer said today that the District Court of The Hague in the Netherlands has ruled that the basic patent covering atorvastatin - the active ingredient in Lipitor - would be infringed by a competitor product from generics manufacturer Ranbaxy.

The decision, which is subject to appeal, prevents Ranbaxy from launching its drug before Lipitor's basic patent (EP 247,633) expires in November 2011.

"Today's decision is another affirmation of the strength of the intellectual property behind Lipitor, one of the most important medical breakthroughs of our era," said Pfizer General Counsel Allen Waxman. "The court's ruling reinforces the fundamental principle that patent laws exist to support and encourage medical innovators, not undermine them."

Ranbaxy also had challenged a second patent covering the calcium salt of atorvastatin (EP 409,281). The court ruled that the patent, which expires in July 2010, is invalid. Pfizer said that, while it plans to appeal the ruling, it will have no practical effect on the patent life of Lipitor in the Netherlands because the basic patent will remain in effect beyond the expiration of the calcium salt patent.

The decisions by the Dutch court do not affect challenges to Lipitor patents pending in other countries, including the United States. Pfizer said it will continue to aggressively defend its patents against infringement.