Pfizer to Appeal Austrian Lipitor Patent Decision
Pfizer Inc said that it will appeal a decision by the Austrian Patent Office to invalidate the company's enantiomer patent covering atorvastatin calcium, the active ingredient in Lipitor. Lipitor is sold in Austria under the brand name, Sortis.
Pfizer said it is confident it will, on appeal, be able to make a compelling argument in support of its patent, which had been challenged in Austria by Ranbaxy.
Pfizer pointed out that the ruling applies only to Austria and is not relevant to patent litigation between Ranbaxy and Pfizer in other jurisdictions, including the U.S. Pfizer holds another composition-of-matter patent for Lipitor in Europe (expiring in 2011), that covers a class of compounds including atorvastatin calcium. Ranbaxy also has challenged that patent in Austria, but no hearing has been scheduled.
The enantiomer patent will remain in force during the appeals process, which is expected to take about a year.
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