The decision affirms a lower court decision handed down in March 2005 that immediately halted the sale the generic version by Ranbaxy and Teva, which had launched their product in December 2004.
“Today’s decision sends a clear message that the law does not encourage or excuse infringement of valid pharmaceutical patents by generic companies,” commented Pfizer vice chairman Jeff Kindler.
However, Jay Deshmukh, Ranbaxy’s vice president of global intellectual property, stated: “The preliminary injunction did not address the invalidity or enforceability of the 450 patent. Accordingly, Ranbaxy intends to vigorously challenge infringement, validity and enforceability of the patent in further proceedings before the district court.”
Pfizer’s patent infringement action against Ranbaxy and Teva remains pending in district court in New Jersey, where the company is seeking damages resulting from lost sales.