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May 01, 2008


Don, as I recall the Fed Circuit invalidated claim 6, the asserted claim, of the '995 patent for improper dependency, but didn't invalidate the whole patent. I'm glad to see, however, that the '893 patent survived reexam - this was the first patent covering atorvastatin, and say what you might about follow-on patents (like the '995 directed to the enantiomeric calcium salt, or the later patents on crystalline forms of atorvastatin), Pfizer certainly deserved this one. But I guess with $10B+ per year at stake, Ranbaxy thought it was worthwhile to tilt at this windmill.

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