Generic Atorvastatin, Pfizer, Teva and injunctions !

[mrmeds]

So Teva have launched a generic Atorvostatin and its licenced. But Pfzier have slapped an injunction on it . NPA say anyone dispensing stock is leaving themselves open to possible civil action, although it was sold to them before injunction is in force, and injunction is only against Teva.




what a load 'king mess.

Hope the judge finds in Teva's favour on 11 july at court hearing.

[thadon]

I don't! I bought lots of stock

[LeftArm]

Will we get our money back from Teva if Pfizer wins? I doubt it!
Whatever happens now we are being set up to lose money. The price will drop like a stone as soon as a decision is known either way.

[bobbin]

I don't! I bought lots of stock

How much was it? Did you get it from AAH, Phoenix, Trident or elsewhere?

[Raju]

in my opinion - if you already have stock - just dispense it.

there is no way that pfizer will successfully be able to go after individual pharmacies. i don't think pfizer would be inclined to go through the expenditure or political fallout of lawsuits against individual or small chain pharmacies who have just dispensed 20 or so packs of generic atorvastatin.

btw - the discounts were in the region of 18%. i think in a year, atorvastatin will be very cheap.

[Dodger]

C+D 30.06.2011:

A judge has decided not to stop community pharmacists from dispensing generic atorvastatin from stock they already hold, following an injunction issued against the sale and supply of the product, Pfizer has said.

Pfizer obtained an order from the High Court of Justice restraining the sale and supply of generic atorvastatin on June 20.


That order states that until a further hearing scheduled for July 11, Phoenix Healthcare, AAH Pharmaceuticals and Teva UK must not advertise, offer for sale, sell or supply atorvastatin, other than that supplied by Pfizer, or by Phoenix or AAH to fulfil a contractual obligation incurred before the injunction was issued, before July 11.

[mrmeds]

in my opinion - if you already have stock - just dispense it.

there is no way that pfizer will successfully be able to go after individual pharmacies. i don't think pfizer would be inclined to go through the expenditure or political fallout of lawsuits against individual or small chain pharmacies who have just dispensed 20 or so packs of generic atorvastatin.

btw - the discounts were in the region of 18%. i think in a year, atorvastatin will be very cheap.

my thoughts to. Unless Pfizer is planning on becoming the pharmaceutical equivalent of Ryan Giggs, issuing injunctions to everyone it has ****** in the past.

[bobbin]

Rowlands Pharmacy
Press Release
30 June 2011

Pfizer fails to obtain injunction against Rowlands Pharmacy.

Pfizer were granted a High Court Injunction last week in relation to generic atorvastatin supplied or distributed by Teva, AAH and PHOENIX Healthcare Distribution.

We are pleased to report that at a further Court hearing this week (27 June), Rowlands successfully opposed Pfizer’s application to extend the injunction to include Rowlands. Rowlands therefore can and will continue to dispense generic atorvastatin.

Should Pfizer make individual claims against Pharmacies (something which would appear to be unlikely), Contractors will be also be pleased to hear that Teva was given permission by the High Court to indemnify pharmacies for any losses as a result of any action Pfizer may take.

The issue of patent validity remains a matter between Pfizer and Teva and is something to be determined at a future date.

[Dodger]

C+D, 11 July 2011


"...A court order issued today states that the injunction against the supply of generic atorvastatin will run from now until the expiry of Pfizer's patent protection on Lipitor on May 6, 2012...AAH Pharmaceuticals, Phoenix Healthcare Distribution and Teva UK must not advertise, offer for sale, sell or supply atorvastatin, other than that supplied by Pfizer or agreed in orders placed before the injunction was issued.."

[bobbin]

C+D, 11 July 2011


"...A court order issued today states that the injunction against the supply of generic atorvastatin will run from now until the expiry of Pfizer's patent protection on Lipitor on May 6, 2012...AAH Pharmaceuticals, Phoenix Healthcare Distribution and Teva UK must not advertise, offer for sale, sell or supply atorvastatin, other than that supplied by Pfizer or agreed in orders placed before the injunction was issued.."

Yep, Pfizer have taken out an injunction against TEVA and the wholesalers, but not against any pharmacy.

TEVA intend to challenge the validity of Pfizer's patent in court. If TEVA win, supply of generic atorvastatin will resume before May.

TEVA have made a press statement...

Dear customer

Further update on generic atorvastatin

We’d like to thank you for the trust and loyalty that you’ve placed in us with generic atorvastatin.

You’ll be aware that we launched this product on 20th June, and you’ll also be aware that Pfizer was granted a temporary injunction on that date against us, AAH and Phoenix that prevented those three parties accepting any more orders at least until a full hearing scheduled for 11th July.

As the dispute around the interim injunction has been resolved following an agreement between the parties, the case will now go straight to trial where the validity of the Pfizer’s patent will be debated. As a result, we can confirm there is no change around the current status with the supply and dispensing of generic atorvastatin:

• Pharmacies are not prevented from dispensing generic atorvastatin they have already purchased.
• No retail pharmacy is the subject to an injunction.
• In the unlikely event that Pfizer takes any action against dispensing pharmacists, Teva stands by its promise to provide full legal assistance and support.
• Teva and the wholesalers cannot ship any further generic atorvastatin orders.

Our view remains that Pfizer’s patent protection in place for Lipitor® (atorvastatin) is invalid. We believe the validity of Pfizer’s patent is an issue that is appropriately determined in the courts between Teva and Pfizer and does not need to involve pharmacy.

We are disappointed with Pfizer’s continuing attempts to frighten individual pharmacies by threatening to drag you into the patent litigation case. The choice whether to dispense generic atorvastatin is yours and yours alone to make. But, one question you must ask yourself is why Pfizer is attempting to act in this way and whether succumbing to this sort of bullying tactic is in the best interests of pharmacy in the long-term. We’d like to underline what Mr Justice Floyd said on 27 June, which was that ‘the actual dispensing of the product is not the basis of the harm to the claimants.’

We stand by you, and reiterate the promise that we are willing to provide all legal costs and pay all damages for any pharmacy who is sued by Pfizer. We feel strongly that we are acting in the interests of sustainable healthcare delivered via the pharmacy.

We look forward to the trial, which we intend to win and then resume supply to you – our loyal customers – as soon as possible. We will keep you informed when we have further news.

If you have any questions, please call Teva’s direct helpline on 0800 085 8621.

We want to be your preferred generics manufacturer today and tomorrow, and we believe strongly that we always try to act in your best interests.

Yours faithfully

Teva UK Limited