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Supply Of Generic Atorvastatin

Contractors will be aware that a supply of generic Atorvastatin has been released. This supply has been challenged by Pfizer Ltd and the basis for the challenge is an infringement of patent law. Patent law applies across the UK and to all the links in the supply chain.

Each contractor must be aware that if they choose to trade in generic Atorvastatin then it would be open to Pfizer Ltd to challenge each individual’s activity under patent law, should they win their case in the High Court.

The issue of no interdict being taken out in the Court of Session in Scotland, to limit the purchase and supply in wholesale, does not prevent an action potentially being brought under UK patent law. Contractors should consider this if they are in possession of generic atorvastatin.

A copy of the Pfizer statement is attached and you may also have seen a conflicting statement issued by Teva UK. Contractors should be aware that until the Court ruling, contradictory views will be expressed. What is clear is that the challenge is around a breach of patent law.

Statements issued by Pfizer

• Statement 1

• Statement 2 - July 11th 2011

• Statement 3 - July 22nd 2011

   

Statements issued by TEVA

• Statement 1

• Statement 2 - June 29th 2011

• Statement 3 - July 11th 2011