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Pfizer has won a patent challenge in Denmark by India’s largest drug-maker Ranbaxy Laboratories on atorvastatin, the active ingredient of the world’s largest selling cholesterol drug, Lipitor, which has global sales of over $13 billion.

A Pfizer statement said that the Eastern Division of the High Court in Copenhagen (Denmark) upheld the basic and salt patents on Lipitor. The basic patent on Lipitor expires in November 2011 in Denmark and the salt patent in July 2010. The decision, which is subject to an appeal, prevents launch of Ranbaxy’s generic version before November 2011.

“Our settlements cover more than 90-95 per cent of the Lipitor market and the existing litigations are insignificant,” commented a Ranbaxy spokesperson.

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In a partial victory for Ranbaxy Laboratories in its patent litigation against Pfizer, an Australian court has ruled in favour of the Indian company in a case relating to Atorvastatin, the world’s largest selling cholesterol-lowering drug (marketed by Pfizer as Lipitor).

The court at the same time also ruled that a proposed Ranbaxy generic product under a different patent infringed Pfizer’s basic Lipitor patent.

The Federal court had ruled that one of Pfizer’s patents was invalid for inutility, false suggestion and misrepresentation in obtaining the grant of Australian patent.

Mr Jay Deshmukh, Ranbaxy’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.”

The ruling, the culmination of a lawsuit filed in 2005 by Ranbaxy, preserves Lipitor’s patent coverage in Australia through May 2012. Ranbaxy can appeal the decision.

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