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(Medical-NewsWire.com, November 29, 2012 ) San Francisco, CA -- In a major blow to drug manufacturer Pfizer Inc., the Supreme Court of Canada, invalidated the patent for the company's top-selling erectile dysfunction drug (EDS) Viagra on November 8, likely making it available to Canadian consumers in a cheaper generic version.
The ruling by the Canadian high court, which was unanimous at 7-0, makes the drug's ingredients open to competitors earlier than the patent expiration, which was to occur in 2014. Sildenafil, the generic form of Viagra, is already being produced and may be available at pharmacists and drug stores soon.
The lawsuit, brought forth by Teva Pharmaceutical Industries Ltd.'s Canadian arm, Teva Canada Ltd., stated in the case against Pfizer that the patent was vague and did not disclose enough information about the active ingredient that makes the drug work.
This was the first time that Teva had successfully challenged the Viagra patent, having failed in similar cases against Pfizer in the United States, Norway, Spain, and New Zealand.
The seven-member judge panel sided with Teva is the largest generic drug manufacturer in the world. Justice Louis LeBel wrote in the judgment, "Pfizer gained a benefit from the (Patent) Act – exclusive monopoly rights – while withholding disclosure in spite of its disclosure obligations under the act.
"As a matter of policy and sound statutory interpretation, patentees cannot be allowed to 'game' the system in this way," LeBel wrote.
The Canadian Supreme Court overturned rulings made by the Federal Court and Federal Court of Appeal in making the decision.
In an emailed statement, a Pfizer spokesman said, "Pfizer expects to face generic competition in Canada shortly. The company … is disappointed with the court's ruling."
"Pfizer had the information needed to disclose the useful compound and chose not to release it," LeBel wrote in the ruling.
The Canadian ruling is likely going to have limited or no impact on the sales of Viagra in the United States, even if they are more likely to buy generic "lifestyle" drugs, such as Viagra, as opposed to ones designated as life-saving drugs.
"But I think it'll be a minor impact. I can't say how much it will hurt (U.S.) sales, but it'll be minimal," Conover said.
According to recent sales figures, Viagra is Pfizer's sixth best-selling medicine, with annual sales around $2 billion. Eli Lilly and Co.'s EDS drug Cialis, which is longer lasting, has cut dramatically into Viagra's sales.
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Benjamin Wrights
4157669098
news@postpressrelease.com
Source: EmailWire.Com 
Source: EmailWire.com
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