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news.Pfizer has said that it will appeal a decision by the Canadian Federal Court in Toronto denying its application to block approval of a generic version of Lipitor by Ranbaxy.
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The ruling involves a patent covering the calcium salt of atorvastatin, the active ingredient in Lipitor, which expires in July 2010.
Pfizer said that the ruling on the calcium salt patent has no immediate commercial impact because Ranbaxy is subject to other pending patent litigation with Pfizer. The decision, based on Canadian law, is not relevant to patent cases involving Lipitor in other jurisdictions, including the US.
“This decision presents clear and substantive issues for appeal and we will begin that process immediately in an effort to sustain Lipitor’s exclusivity through July 2010,” said Pfizer general counsel Allen Waxman.
Separately, the court ruled that Pfizer’s basic patent covering atorvastatin – which expires in May 2007 – would be infringed by Ranbaxy.