Pfizer's Lipitor patent upheld in Dutch court

By Elaine Rigoli

Tampa, Fla., Sept. 13 - The District Court of The Hague in the Netherlands has ruled that the basic patent covering atorvastatin - the active ingredient in Pfizer, Inc.'s Lipitor - would be infringed by a competitor product from generics manufacturer Ranbaxy.

The decision, which is subject to appeal, prevents Ranbaxy from launching its drug before Lipitor's basic patent (EP 247,633) expires in November 2011.

Ranbaxy also had challenged a second patent covering the calcium salt of atorvastatin (EP 409,281). The court ruled that the patent, which expires in July 2010, is invalid.

Pfizer said that, while it plans to appeal the ruling, it will have no practical effect on the patent life of Lipitor in the Netherlands because the basic patent will remain in effect beyond the expiration of the calcium salt patent.

The New York pharmaceutical company said the decisions by the Dutch court do not affect challenges to Lipitor patents pending in other countries, including the United States.

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