Hopes for the introduction
of a generic
version of Pfizer's Lipitor
(atorvastatin calcium)
suffered a setback
as the Supreme
Court declined to intervene
in Ranbaxy
Laboratories Ltd's challenge of a lower-court
decision that upheld Pfizer's patent for the
blockbuster cholesterol-lowering drug. The
US patent for Lipitor is not due to expire until
March 2010, but Ranbaxy had sought to market
a generic version prior to that date. The
Supreme Court's action shuts the door on
that effort.
Ranbaxy's litigation was not entirely fruitless,
however. The Supreme Court ruling also
let stand previous action by a lower court
that effectively whittled down Lipitor's
patent protection by 15 months. Pfizer is currently
seeking a ruling from the US Patent
and Trademark Office that would restore
Lipitor's patent through June 2011.