Pfizer loses UK patent infringement case over $5.1bn drug
pharmafile | October 13, 2016 | News story | Medical Communications, Sales and Marketing | Actavis, Lyrica, Pfizer, patent infringement, pregabalin
Pfizer has been dealt a significant blow as the UK Court of Appeal has rejected the company’s patent infringement claims against Actavis over its blockbuster drug Lyrica, rendering them invalid as it deems no infringement has occurred.
Lyrica is the best-selling treatment for ailments of the central nervous system including epilepsy, anxiety disorders and chronic pain conditions, and is one of Pfizer’s biggest moneymakers, earning the company $5.1 billion last year. Pfizer originally filed the claim against Actavis over its use of pregabalin, the active ingredient of Lyrica; when Actavis launched a generic drug using the ingredient in the non-pain market, Pfizer claimed it would be inevitable that the drug would eventually make its way into pain treatment too.
The decision reinforces the judgement of the High Court in September 2015 that the case was baseless. Pfizer had also secured a court order against NHS England that stipulated that only its own Lyrica could be prescribed and distributed for the treatment of pain, and threatened legal action for any prescription of Actavis’ product.
Pfizer released a statement noting its disappointment with the decision, but it does not plan to back down on the claim: “Pfizer maintains its strong belief in the validity and importance of the second medical use patent for the use of Lyrica in pain and intends to seek permission to appeal the decision to the Supreme Court.”
Tim Powell, a lawyer representing Actavis’ case, was quoted as saying: “The judgment offers a pragmatic way forward in seeking to strike a fair balance between the patentee’s right to a return for its investment in innovation and the generic manufacturer’s right to sell into the non-patented market.”
Pfizer has also sued Dr Reddy’s Laboratories and Teva over their own generic pregabalin products.
Matt Fellows
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