Day Lewis has been added to the list of defendants in the ongoing atorvastatin patent battle between Pfizer and Teva, in a high court hearing on July 22. At the hearing it was also agreed that a full trial to discuss the patent would be held in November.

Pfizer is pursuing an injunction and "full financial recompense" from Day Lewis alongside defendants Teva, AAH, Phoenix, Barclay Pharmaceuticals and Rowlands Pharmacy.

Asda escaped being added to the defendants list after it agreed in court on July 22 that it would not deal or dispense generic atorvastatin and would comply with the outcome of the full trial.

Pfizer initially obtained an injunction against the sale and distribution of generic atorvastatin, released by Teva UK, in June. This was due to last until a hearing on July 11 but, following an agreement between the parties, the injunction was extended until a full patent trial could take place in November.

To date, judges have refused to extend the injunction to include community pharmacies from dispensing generic atorvastatin, saying if it had been purchased any damage to Pfizer would already have been committed. But Pfizer has threatened to seek financial recompense from "all infringing parties" and said it believes any distribution of the generic is unauthorised.

Following the latest hearing, Pfizer said it looked forward to defending its patent "vigorously" at the full trial.

However, Day Lewis CEO Kirit Patel said he was disappointed that Pfizer was pursuing community pharmacies and claimed Day Lewis had "always acted in good faith".

"We are disappointed that Pfizer has decided to bring community pharmacies into this case and are pleased the court has ruled that this action does not prevent us from dispensing generic atorvastatin. We will defend the case and are pleased the court has ruled that we should have an opportunity to do so as soon as possible," Mr Patel told C+D.

Teva UK also welcomed the decision to hold a full patent trial in November.

"We are delighted to have sought – and achieved – this early trial date, some six months before the current UK patent expiry date for Lipitor," a Teva spokesperson said. The generic manufacturer said it believed Pfizer's patent was invalid and that it intended to win the case.

Pfizer said it was "fully sympathetic to the difficult position that many pharmacies find themselves in having purchased generic atorvastatin in good faith". It added that any pharmacy confirming it would not dispense generic atorvastatin would not be pursued for damages.

Asda had agreed to fully comply with the outcome of the full trial on the Lipitor patent, Pfizer reported.

See how the patent row has unfolded using C+D's interactive timeline.