Pfizer Statement Regarding Teva Launch and Distribution of Generic Atorvastatin in the UK

July 11th 2011 - Teva and three major wholesalers (AAH, Phoenix and Trident) have today submitted to an injunction to prohibit the supply and sale by each of them of generic atorvastatin in the UK. The injunction will run between now and the expiry of Pfizer's UK patent protection on 6 May 2012 or the decision after a full trial on the patent.  A copy of the agreed proposed Court Order is available here: http://www.allenovery.com/AOWEB/NewsMedia/Editorial.aspx?contentTypeID=1&itemID=61804&prefLangID=410

This victory for Pfizer ensures that no additional generic Teva product, distributed unlawfully and in flagrant breach of Pfizer's patent rights, will be introduced to the market during the ongoing legal proceedings, or until expiry of Lipitor®’s patent protection.

Teva chose to undertake an aggressive launch of a generic product on a very large scale in the UK on 20 June 2011. Pfizer commenced legal proceedings against Teva UK Limited, Phoenix Healthcare Distribution Limited and AAH Pharmaceuticals Limited immediately in order to restrain their ability to distribute and sell their generic atorvastatin.

The question of an interim (emergency) injunction against the pharmacy chain Rowlands for the same period, which was scheduled to be considered in Court on 11 July 2011, will now not proceed. This issue remains untested before the Court. Rowlands is a Defendant to the litigation and Pfizer will now pursue its claim against Rowlands and the other Defendants for a permanent injunction and full financial recompense.

Pfizer is fully sympathetic to the difficult position that many pharmacies find themselves in having purchased generic atorvastatin from Teva/AAH/Phoenix in good faith. It is Teva/AAH/Phoenix’s actions and incorrect communications during and after their surreptitious launch that have put pharmacies in this position.

Pfizer refutes Teva’s claim to be acting in the interest of ‘sustainable and affordable healthcare’ in the UK and believe rather that Teva’s actions have caused considerable disruption and concern in the pharmacy community.  Pfizer is pleased that so many pharmacy customers have chosen not to deal in the product.

Pfizer would like to make it absolutely clear that it has no desire to pursue individual pharmacies who continue to act in good faith over the supply of generic atorvastatin. Pfizer can reassure any pharmacy who confirms that they will not dispense any generic atorvastatin and have returned any packages of it to their suppliers/wholesalers or, if not returnable, otherwise disposed of it or stored it for use after 6th May 2012; that Pfizer will be satisfied that our rights will not be infringed going forward and would not pursue any claim for damages against them.

However, Pfizer intends to join as Defendants to the litigation other pharmacies who, rather than return generic product or store it until after patent expiry, continue to dispense generic atorvastatin. For each pharmacy that Pfizer joins as a Defendant it will vigorously pursue damages or an account of profits arising from the dispensing of generic product. Offers of indemnities by Teva do not protect pharmacies from Pfizer taking these steps.

Pfizer will continue to make supplies of Lipitor® available to all pharmacies in accordance with its usual distribution channels. Urgent special deliveries of Lipitor® can be made either the same day or the next day in response to any additional orders.

Pfizer has invested extensively in UK pharmacy over many years and has established excellent working relationships that we believe have provided tangible and credible benefits to professional pharmacy practice.  We look forward to building upon these relationships in years to come and working in partnership with pharmacy to deliver the highest quality of care to UK patients.

Notes to Editors:

• Mr Justice Floyd made the original order for the injunction against Teva, AAH and Phoenix on 20 June 2011 (the Order and Approved Judgment can be viewed here: http://www.allenovery.com/AOWEB/NewsMedia/Editorial.aspx?contentTypeID=1&itemID=61804&prefLangID=410).
• In his Judgment, Mr Justice Floyd awarded Pfizer an injunction against the defendants to keep generic atorvastatin off the market until 11 July 2011. He acknowledged that Teva had launched "surreptitiously" and contrary to Pfizer's patent rights. Teva, AAH, Phoenix and Trident have now agreed to allow the injunction (which is already in place) to continue until full trial or expiry of the patent (on 6 May 2012).
• Rowlands pharmacies was joined as a Defendant to the litigation by way of an Order made by Mr Justice Floyd (the Order and Approved Judgment can be viewed here: http://www.allenovery.com/AOWEB/NewsMedia/Editorial.aspx?contentTypeID=1&itemID=61804&prefLangID=410).
• Pfizer's patent was previously subject of UK court proceedings in the Court of Appeal decision (Ranbaxy v Warner Lambert [2006] EWCA Civ 876). In 2005, the High Court rejected a challenge to the patent by Ranbaxy, finding that a generic atorvastatin product would infringe Pfizer’s patent covering atorvastatin, the active ingredient in Lipitor®. That decision was affirmed on appeal. Pfizer strongly believes in the strength of its patent protection and will be vigorously defending the patent at full trial.