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Federal Circuit Affirms One Patent But Invalidates Another in Lipitor Case
In Pfizer, Inc. v. Ranbaxy Labs. Ltd., No. 06-1179, 2006 WL 2137244 (Fed. Cir. Aug. 2, 2006), the U.S. Court of Appeals for the Federal Circuit affirmed a lower court's ruling that a patent covering Pfizer's Lipitor' was infringed, but reversed the lower court's decision that a claim from a different patent covering Lipitor was valid.
The patents at issue were U.S. Patents 4,681,893 ('the '893 patent') and 5,273,995 ('the '995 patent'), which relate to an atorvastatin calcium composition. Pfizer brought suit against Ranbaxy after Ranbaxy filed an Abbreviated New Drug Application with the FDA seeking approval to commercially manufacture, use, and sell a composition containing atorvastatin calcium, the active ingredient in Lipitor.
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