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June 18, 2008
By: Tim Wright
Editor-in-Chief, Contract Pharma
Pfizer has entered into an agreement with generics manufacturer Ranbaxy Laboratories Ltd. of India to settle all their patent litigation worldwide involving Lipitor. Under the terms of the agreement, Ranbaxy will have a license to sell generic versions of Lipitor and Caduet in the U.S. effective November 30, 2011. Caduet is a medicine that combines the active ingredients of Lipitor and Norvasc and treats both high blood pressure and high cholesterol. The agreement also provides a license for Ranbaxy to sell generic versions of Lipitor on varying dates in seven additional countries: Canada, Belgium, Netherlands, Germany, Sweden, Italy and Australia. Pfizer and Ranbaxy have also resolved their disputes regarding Lipitor in Malaysia, Brunei, Peru and Vietnam. The lawsuits between Pfizer and Ranbaxy regarding Lipitor and Caduet will be dismissed in the specified countries, and Ranbaxy will no longer contest the validity of Pfizer’s patents in the specified countries, including the U.S., according to the agreement. The settlement also resolves all patent litigation with Ranbaxy relating to Accupril in the U.S. and Viagra in Ecuador. “This agreement is a win-win-win because it is pro-patient, pro-competition and pro-intellectual property,” said Ian Read, president of Worldwide Pharmaceutical Operations for Pfizer. “The agreement provides patients with access to a generic product much earlier than if Ranbaxy were unsuccessful in obtaining approval for its product and overcoming the relevant patents. It provides substantial certainty regarding the timing of the entry of a generic version of Lipitor. Finally, the agreement clearly reaffirms the value and importance of intellectual property and this country’s well-balanced system of creating incentives to develop innovative medicines while at the same time establishing a strong generic drug business.” The settlement provides Ranbaxy with licenses to all the patents it needs to make the generic product and enables Ranbaxy to manufacture and launch a generic version of Lipitor prior to the expiration of the crystalline and amorphous patents. The Lipitor patents involved in this agreement are the basic compound patent, which expires in the U.S. in 2010; the enantiomer patent, which expires in the United States in 2011; as well as various process and crystalline form patents, which expire in 2016 and 2017; and the combination patent for Caduet, which expires in 2018. The settlement complies with all applicable laws, and does not contain any of the practices — such as “reverse payments” — that have been identified as of concern recently by the U.S. Federal Trade Commission, according to a Pfizer statement. Pfizer has been defending Lipitor patent challenges by Ranbaxy throughout the world since 2003. The agreement pertains solely to Ranbaxy and its affiliates and does not cover legal challenges to the Lipitor patents involving other generic manufacturers. However, Ranbaxy was the first generic challenger to the listed Lipitor patents and, as such, holds the rights to 180 days of marketing exclusivity in the U.S.
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