A niche blog dedicated to the issues that arise when supplementary protection certificates (SPCs) extend patents beyond their normal life -- and to the respective positions of patent owners, investors, competitors and consumers. The blog also addresses wider issues that may be of interest or use to those involved in the extension of patent rights. You can email The SPC Blog here

Monday 8 August 2011

The fight for atorvastatin: further news

According to a recent piece in Dispensing Doctor, "Teva and Pfizer set the date for Lipitor patent battle: Asda strikes no-involvement deal", by Ailsa Colquhoun, a date in late November has been mooted for the Lipitor patent validity trial due to take place at the High Court of Justice in London [on earlier proceedings in this dispute see here]. If Teva's challenge succeeds, it will be legally entitled to release the generic atorvastatin stock currently held by wholesalers. According to the news item:
"The trial takes place some six months before the scheduled expiry of the current UK patent supplementary protection certificate (SPC) for Lipitor. ...
In the meantime, Pfizer has shown no sign of abating the legal pressure on dispensers.  On Friday, July 22, Pfizer announced that it had struck a deal in the High Court to exclude Asda from the ongoing legal action against Teva and other wholesalers, in return for a promise not to deal or dispense generic atorvastatin. However, at the same hearing, Pfizer named Day Lewis in its ongoing action against Teva and others, and has signalled its intention to pursue an injunction and full financial recompense from the chain".

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