Pfizer prevails in Lipitor battle
Pfizer Inc., et. al. v. Ranbaxy Laboratories, Limited et al., C.A. No. 07-138-JJF, November 29, 2007.
Farnan, J. Plaintiffs’ motions to dismiss in part declaratory judgment counterclaims and to dismiss and for partial summary judgment on the pleadings are granted.
The patents-in-suit relate to atorvastatin calcium (Lipitor) and pharmaceutical combinations of amlodipine and atorvastatin to treat cardiac ailments (Norvasc). Plaintiff has given defendant a covenant not to sue with respect to one patent which the Federal Circuit found claim 6 invalid for failure to satisfy 35 U.S. § 112. It has refused to grant a covenant not to sue with respect to the patent when it reissues. The court finds that presently enforceable patent claims are a necessary prerequisite to litigation. There is no current patent which can be enforced. The question of whether a new patent will reissue is speculative. In addition, res judicata from prior Lipitor litigation precludes new invalidity claims in this litigation, nor is res judicata precluded by a change in controlling law. Plaintiff’s motion for judgment on the pleadings based on collateral estoppel is granted.
A copy of the full opinion is available here.
