Ranbaxy's Patent Litigations in the United States
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Case Details:
Case Code : ECON015
Case Length : 14 Pages
Period : 1993-2005
Pub Date : 2006
Teaching Note :Not Available Organization : Ranbaxy Laboratories Limited
Industry : Pharmaceutical Countries : USA
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ECON015) click on the button below, and select the case from the list of available cases:
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“We take legal advice and respond appropriately. But we will not lose sleep
over it [patent litigation]. It is something that one has to live with, if
one has to do business in the US.”1
– D. S. Brar, CEO, Ranbaxy Laboratories Limited in 2002.
“It's a simple business philosophy. If you play enough of these, you will
win some.”2
– Cameron Reid, President, Dr. Reddy's Laboratories Inc., US, in 2003
commenting on patent challenges to branded drugs.
“We will continue to defend against any and all patent challenges that seek
to undermine our mission of finding new therapeutic innovations for the
patients we serve.”3
– Hank McKinnell, Chairman and Chief Executive Officer, Pfizer Inc.4
after defeating Ranbaxy's patent challenge to Lipitor in the US on December
16, 2005.
Introduction
On December 16, 2005, the federal judge for the
Delaware District Court in the US ruled that Ranbaxy Laboratories
Limited's (Ranbaxy) proposed generic5
version of Lipitor6 (atorvastatin)
infringed the patent rights of Pfizer; the court therefore disallowed
Ranbaxy from launching its generic Lipitor in the US market.
Soon after the ruling, Ranbaxy's share price took a beating on the
Mumbai7 stock exchange. At the
close of the trading on Monday, December 19, 2005, Ranbaxy's shares were
trading at Rs. 367.35, down by 5.9 percent from the previous close and
much lower than its 52-week high of Rs. 650. |
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It was not the first time that Ranbaxy had to face an adverse
ruling in a patent challenge.
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Earlier in March 2005, Ranbaxy and Teva
Pharmaceuticals USA Inc. (Teva)8
were ordered by the US District Court of New Jersey to immediately stop
the marketing of generic Quinapril.9
When Ranbaxy and Teva appealed against the preliminary injunction,
Pfizer, the original patent holder for Quinapril (marketed under the
brand name of Accupril,) prevailed again in November 2005, when the
Court of Appeals for the Federal Circuit upheld the preliminary
injunction granted by the District Court against Ranbaxy and Teva. |
Ranbaxy's Patent Litigations in the United States
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