Pink Sheet is part of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them. Informa PLC’s registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

This copy is for your personal, non-commercial use. For high-quality copies or electronic reprints for distribution to colleagues or customers, please call +44 (0) 20 3377 3183

Printed By


PTO turns down Pfizer request to reissue Lipitor patent

Executive Summary

The Patent and Trademark Office sent a "nonfinal rejection" notice to Pfizer in response to its request for the agency to reissue a key Lipitor (atorvastatin) patent. The PTO noted that Ranbaxy had protested reissuance of the patent, contending that the patent claims were anticipated by prior art or were obvious. The agency agreed that some of the claims were anticipated or obvious but found that others were not. The U.S. Court of Appeals for the Federal Circuit ruled last year that a patent covering a Lipitor enantiomer was invalid due to technical defects in the patent. In January, Pfizer asked the PTO for permission to resubmit the patent to correct these defects. "It's common for the patent office to initially reject requests of this sort," a Pfizer spokesperson said. "We believe we have a strong argument" to address the concerns raised by PTO...

You may also be interested in...

PTO to reissue Lipitor patent

The U.S. Patent and Trademark Office is reissuing a key Lipitor (atorvastatin) patent covering an enantiomer of the drug. The agency allowed Pfizer to resubmit the patent, which expires in 2011, to correct technical defects after the U.S. Court of Appeals for the Federal Circuit ruled that the patent was invalid due to these defects (1"The Pink Sheet," Aug. 20, 2007, In Brief). Pfizer does not expect generic competition for Lipitor until November 2011 after its settlement with Ranbaxy, the first to file an ANDA and challenge Lipitor patents (2"The Pink Sheet," June 23, 2008, p. 22). Pfizer remains in litigation with Teva and Apotex, which have ANDAs pending for generic Lipitor

Pfizer Settlement With Ranbaxy Delays Generic Lipitor Entry

Pfizer expects to hold off generic competition for Lipitor (atorvastatin) in the United States until November 2011 under a settlement agreement with Ranbaxy

Pfizer’s Lipitor Patent Claims Rejected by PTO In Initial Reexamination

Pfizer may lose patent protection for its blockbuster cholesterol drug Lipitor (atorvastatin) if the U.S. Patent and Trademark Office stands by an initial decision to reject the claims in the basic patent on the drug




Ask The Analyst

Ask the Analyst is free for subscribers.  Submit your question and one of our analysts will be in touch.

Your question has been successfully sent to the email address below and we will get back as soon as possible. my@email.address.

All fields are required.

Please make sure all fields are completed.

Please make sure you have filled out all fields

Please make sure you have filled out all fields

Please enter a valid e-mail address

Please enter a valid Phone Number

Ask your question to our analysts