Thursday, August 03, 2006

Pfizer Wins, Ranbaxy takes away 180-day exclusivity for Lipitor

Same Game – Patent Infringement Litigation Same Players – Pfizer (World’s leading Pharmaceutical Major) & Ranbaxy (India’s leading Generic Company) Same Results – Invalidating species patent covering atorvastatin calcium and affirming the validity of genus patent covering atorvastatin per se. But --- Different Year – 2005 (in UK) and 2006 (in US) Different Market – Europe and US Different Impact – In UK, even though Pfizer loses atorvastatin calcium (EP409281) but succeeds to cover maximum patent protection period for Lipitor (EP247633) till 2011 whereas in U.S. Ranbaxy even though lost atorvastatin to Pfizer but succeeds to get away with 180-day exclusivity period with early entry in US Lipitor market prior to 2011. To sum up, Win-Win situation for both Pfizer and Ranbaxy but for me it is Ranbaxy which gets away with the Game. Why? Because US Lipitor market matters the most – worth US $ 8 billion in 2005. Ranbaxy challenged Lipitor patents’ in number of countries with very limited success but really hit the bottom-line where matter the most – the US market. It’s celebration time for India’s biggest pharmaceutical company --- Ranbaxy.

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