After dropping their patent infringement case against Cialis manufacturers Eli Lilly, as we predicted, Pfizer is turning its full force of its legal team against the makers and sellers of generic versions of Viagra.
They have announced that they are suing Israeli company Teva Pharmaceuticals to prevent the firm from selling a generic version of the best-selling erectile dysfunction drug Viagra.
Teva has already received a tentative agreement from the U.S Food and Drug Administration allowing them to sell a generic version when the primary patent on Viagra expires in 2012, which covers the composition of the medication.
Viagra is also covered by a second patent, expiring in 2019, which relates to its use as an erectile dysfunction medication. It is also used as a treatment for a variety of other conditions, including pulmonary embolisms, but Pfizer makes most profit from its sales to treat ED, estimated at $1.9 billion annually.
Under patent law, firms are allowed to issue patents on already-protected compounds to cover them for new uses, but these patents are less strong than the original composition-of-matter patent.
In 2004, Teva notified Pfizer of their intention to manufacture a generic version of the medication when the first patent expires, arguing that the 2019 patent will not be infringed by the production of a generic.
If Pfizer cannot stop the generic version being given the go-ahead, then it could change the face of erectile dysfunction sales quite drastically. At the moment there are no generic medications, though many illegal companies claim to be offering them online.
A legal generic could bring down the cost of medication very significantly, in all likelihood forcing Eli Lilly, Pfizer and other players in the market to adjust prices accordingly.
But for the moment, it’s very much a case of watch this space...