Ranbaxy can appeal the decision, but it will not be able to market a product made using the patented intermediate compounds unless it prevails on appeal.
In response to the decision, Jeffrey Kindler, Pfizer’s vice chairman and general counsel, said, “We are pleased with the court’s decision, which is a victory not only for Pfizer, but for all innovators pursuing high-risk medical discoveries”.
The court also ruled that another Pfizer patent, covering a process for converting crystalline atorvastatin to amorphous atorvastatin, is valid but not infringed by Ranbaxy in Norway.
Pfizer said it will continue to vigorously defend its intellectual property rights against infringement anywhere around the globe.