EPO upholds Pfizer's Lipitor patent

The European Patent Office has issued an opinion upholding, in its entirety, global pharmaceutical behemoth Pfizer's calcium salt patent covering the firm's blockbuster cholesterol-lowering drug Lipitor (atorvastatin). The opinion was provided at the request of a Spanish court that is hearing a patent infringement case filed by India's Ranbaxy (Marketletter December 5, 2005).

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 will be among several expert views the Spanish 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, says the US company.