Dr Reddy's Laboratories will contest the patent infringement case filed against it by the global pharmaceutical giant Pfizer over its cholesterol lowering drug Atorvastatin, said a company spokesperson today.
On December 27, Pfizer had moved a US district court against Dr Reddy's Laboratories Ltd and Dr Reddy's Laboratories Inc for infringement of Pfizer's crystalline Atorvastatin patent.
"We had anticipated that Pfizer would file suit on our 80 mg ANDA filing of Atorvastatin. Dr Reddy's had earlier submitted a filing for all other strengths of Atorvastatin for which Pfizer has already filed suit against Dr Reddy's," a spokesperson of the drug-maker said.
DRL had filed an abbreviated new drug application (ANDA) with the US Food and Drug Administration seeking approval to market an 80 mg dosage strength of Atorvastatin calcium. Already, Pfizer and DRL are involved in patent infringement cases over 10mg, 20mg and 40mg strengths of Atorvastatin calcium, which the US drug major sells under the Lipitor brand.
According to Pfizer, the Indian firm's plans to launch a generic version of the world's best-selling medicine will infringe upon its patent. "The case is expected to be consolidated with Pfizer's pending action against DRL in the same court involving the same patent and DRL's previously filed ANDA seeking to market 10, 20, and 40 mg dosage strengths of atorvastatin calcium," Pfizer spokesperson added.
Pfizer's patent on Lipitor expires in July 2016 and has pediatric exclusivity though January 2017. Lipitor gets about $12 billion in annual sales for Pfizer. In June 2008, Pfizer settled for an out-of-court agreement with Daiichi Sankyo-owned Ranbaxy, allowing it to sell a low-priced version of the medicine from November 2011, when one of its key patents on the same drug expires. Ranbaxy now holds a six-month marketing exclusivity for its low-cost version of the product, as it was the first generic drug maker to challenge Pfizer's patent for Lipitor.