Business Daily from THE HINDU group of publications Saturday, Nov 04, 2006 ePaper |
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Corporate
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Courts/Legal Issues Marketing - IPR
Our Bureau
New Delhi , Nov. 3 Ranbaxy Laboratories Ltd said that Spanish courts (the Mercantile Court of Barcelona, No. 2) recently found Spanish patent ES 2,167,306 (counterpart of Pfizer's EP 409 281, the Lipitor patent) to be invalid for lack of novelty. On October 27, the European Patent Office (EPO) had provided an advisory opinion at the request of the Mercantile Court of Barcelona, No. 4, presiding in the case of Ranbaxy v. Warner Lambert, wherein this Spanish patent was viewed as valid. The company further said that the EPO's advisory opinion does not constitute a legal judgment upholding the patent, since only a Spanish court of law may decide on the validity (or not) of a Spanish patent. To date, Ranbaxy has successfully invalidated counterparts of this same patent in the UK, Austria, the Netherlands, and in the US for lack of novelty, lack of inventive step, and for improper claim dependency. "The company will actively pursue its efforts to bring in affordable Atorvastatin to patients across the world," said the company in a release here.
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