Federal Court of Appeal in Canada Upholds Lipitor Enantiomer Patent, Decision Prevents Launch of Generic Product by Ranbaxy until 2010

(BUSINESS WIRE)--Pfizer Inc said today that the Federal Court of Appeal of Canada has reversed a lower court ruling that held that Pfizer’s enantiomer patent could not block generic manufacturer Ranbaxy Laboratories Limited from obtaining approval for a competitor product to Lipitor. The appellate court issued an order prohibiting regulatory approval of Ranbaxy’s product in Canada until Pfizer’s enantiomer (calcium salt) patent—Canadian Patent No. 2,021,546—expires in July 2010.

“This decision sends a strong signal about the importance of protecting intellectual property in Canada, which provides the incentive for research-driven pharmaceutical companies to make the significant high-risk investments necessary to develop new life-saving medicines,” said Pfizer Senior Vice President and Associate General Counsel Peter Richardson. “The court’s ruling is not only an important one for Pfizer, but also for patients.”

Ranbaxy may seek a review of the decision by the Supreme Court of Canada.