Pfizer open to settlement with Unilab
Multinational drug giant Pfizer Inc. has expressed willingness to settle amicably with United Laboratories Inc. (Unilab) the issue of patent infringement it filed against Unilab saying they have a strong case over the Filipino drug firm.
Pfizer counsel Atty. Ramon S. Esguerra, managing partner of Esguerra & Blanco Law Offices, raised the possibility of backdoor negotiations with Unilab during a press conference.
"We are open to the possibility of backdoor negotiations but it should come from them," Esguerra said.
Esguerra said that Pfizer may agree if Unilab decides to ask for a licensing agreement for Lipitor based on agreed terms.
This developed after Unilab petitioned the Intellectual Property Office of the Philippines to invalidate the Pfizer's patent of Lipitor (Atorvastatin) and Pfizer filed a patent infringementcase with a motion for the issuance of a writ of injunction against Unilab for coming up with Avamax, the generic drug equivalent of Lipitor, which patent is yet to expire on Sept. 26, 2012. Another hearing of the court case is set on November 6.
While Esguerra raised the possibility of an amicable settlement, he equally stressed that Pfizer has a strong case against Unilab. "The case is strong in so far as patent infringement. Simplistic as it may appear, but there is a valid patent up to 2012 and with Unilab's mere filing for invalidation of the patent of Lipitor only confirms we have a valid patent," he pointed out.
"If Unilab truly believes there is an invalid patent over Lipitor compound why must it file an invalidation action with IPO?" Esguerra asked.
Based on the prefatory statement of Unilab, Esguerra noted that its primary motive for the filing of the patent invalidation before the IPO was largely economic in nature.


