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Pfizer wins long-running lipitor patent battle

Business Teva UK, Rowlands Pharmacy, Day Lewis and other parties have agreed not to sell or distribute generic atorvastatin in a settlement with Pfizer following a patent row over Lipitor.

Teva UK, Rowlands Pharmacy, Day Lewis and other parties have agreed not to sell or distribute generic atorvastatin in a settlement with Pfizer following a patent row over Lipitor.

Wholesalers AAH Pharmaceuticals, Barclay Pharmaceuticals and Phoenix Healthcare will also comply with the settlement until patent expiry in May 2012.  

Teva had acknowledged that the Lipitor patent was valid and "infringed by [the generic] product", Pfizer said.

Other terms of the settlement remain confidential.

The settlement follows a lengthy battle between the two manufacturers and other parties. A high court order was originally issued on June 20 stopping AAH, Phoenix and Teva from selling or distributing Teva's  generic version of the drug, until July 11. The injunction was then extended until the expiry of Pfizer's patent protection on Lipitor, or following the decision of a patent trial.

Pfizer was unsuccessful in its attempt to extend the injunction to prevent community pharmacists from dispensing the generic product, but Rowlands and Day Lewis were added to the list of defendants in the case. Asda escaped this after it agreed in court on July 22 that it would not deal or dispense generic atorvastatin.

Teva would stand by its original offer to support pharmacists threatened with legal action relating to this case, a spokesperson confirmed. 

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