Setback for Ranbaxy in UK atorvastatin case

Delhi-based pharma major Ranbaxy, in the midst of a global atorvastatin litigation against patent holder Pfizer, today received a setback as the UK Court of Appeal upheld the decision of the UK High Court that had handed out a mixed verdict.

In October last year, the UK High Court had ruled that while European Patent 409 281 of Pfizer, the innovator company, for the $12 billion cholesterol drug, was invalid, the other one, European Patent 247 633, was being infringed upon by the Ranbaxy product.

"We will be evaluating this particular decision and then decide on our next course of action," said a Ranbaxy spokesperson.

Malvinder M Singh, managing director and chief executive officer of Ranbaxy, was not available for comments.

The high court had dismissed Ranbaxy's attempt to invalidate Pfizer's patent on the drug's basic chemical compound, known as the "genus'' patent, as well as another primary patent on the drug which is valid till 2011.

However, the court had invalidated a related "species'' patent on the treatment, which Pfizer had argued to be valid until 2010.

Atorvastatin calcium, sold as 'Lipitor' by Pfizer is the largest selling prescription drug ever and accounts for nearly 21 per cent of Pfizer's revenues. Ranbaxy is contesting Pfizer's patent on the drug in several countries such as the US, UK, Norway and Austria.

The keenly contested litigation has come to symbolise the raging turf war between innovators and generic companies, at large.

Ranbaxy can still challenge the decision in the 'House of Lords' which is one level above the Court of Appeal or it can just abandon the atorvastatin pursuit, explained an analyst while outlining the Indian generic major's options.