Pfizer Loses Lipitor Patent Challenge At USPTO, But Hurdles Remain For Generic Makers

Law360, New York (June 23, 2005, 12:00 AM EDT) -- The U.S. Patent & Trademark Office has thrown out one of several patents that Pfizer holds on its blockbuster cholesterol lowering drug Lipitor.

The USPTO determined Wednesday that Pfizer's arguments for securing the patent in 1999 were invalid, based on a challenge by the non-profit Public Patent Foundation (PUBPAT). The agency rejected all 44 claims in the patent.

The patent concerns the crystalline version of atorvastatin, the active ingredient in Lipitor. Pfizer argued the crystalline version of Lipitor had not been discovered prior to its application...
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