Ranbaxy wins Lipitor patent against Pfizer in Australia

The Federal Court of Australia handed a favourable decision to Ranbaxy in its case against Pfizer over the multinational's Australian patent on cholesterol-lowering drug Atorvastatin, which is marketed as Lipitor.

Justice Neil Young ruled that one of Pfizer's patents is invalid for false suggestion and misrepresentation in obtaining the grant of Australian patent 628198 , but said that Ranbaxy's atorvastatin product infringes another Pfizer patent. The court's ruling followed a trial in Melbourne.

The invalidity of Pfizer's Australian patent 628198 was principally based on Pfizer's representation to the Australian Patent Office that the potency of the R-enantiomer (atorvastatin) in relation to its ability to inhibit production of cholesterol was unexpectedly 10-fold more than that of the corresponding racemic material.

This representation was held to be "false and misleading."

Jay Deshmukh, Ranabxy's senior vice president, global intellectual property, noted, "We are pleased with this decision as it stands, as it advances the entry of Ranbaxy's generic atorvastatin in Australia to May 18, 2012."