Pfizer gets clarified Lipitor patent

12 January 2009

Global drugs behemoth Pfizer says that the US Patent and Trademark Office has issued a "Notice of Allowance" accepting the company's  application to correct the technical defect in the '995 enantiomer  patent for atorvastatin calcium, the salt form of atorvastatin sold as  Lipitor, the firm's blockbuster cholesterol-lowering drug, which has  generated peak annual sales of nearly $13.0 billion. The company noted  that certain formalities must be completed before the re-issue patent  will be granted. The new patent will have the same force and effect as  the original, as well as the same June 2011 expiration date (including  the six-month pediatric exclusivity period).

"This is a very positive development, not just for Pfizer but for all  those who believe that defending intellectual property is vital to  supporting the enormous investments required to develop life-saving new  medicines," said Raymond Kerins, vice president, worldwide  communications at Pfizer.

The USPTO decision strengthens Pfizer's efforts to prevent generics  groups such as Apotex and Teva from launching copy versions of Lipitor  before November 2011, when India-headquartered Ranbaxy is set to come to  market with its product, which has 180-days exclusivity, following a  settlement with Pfizer.

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