SEEKING TO protect its patent for its popular anti-cholesterol drug Lipitor, pharmaceutical giant Pfizer Inc. has filed a patent infringement case against local competitor United Laboratories Inc.

Pfizer public affairs director Patricia Pascual said the case, now pending with the Makati Regional Trial Court, sought to ensure “a level playing field and fair competition,” as Unilab was already selling a generic version of Lipitor even if the Philippine patent for the drug remained in force.

“I just want to reiterate that Lipitor’s patent is currently in force in the Philippines and expires only in 2012. We only seek a level playing field and fair competition in the market, and we would like due regard for the law and its processes in regard to (intellectual property rights) protection in the country,” she told reporters.

Unilab started selling Avamax, the generic version of Lipitor, this month.

Pascual said Pfizer could not understand why Unilab would do that since the local pharmaceutical firm knew that the patent for Atorvastatin, the compound being marketed under the Lipitor brand, was still valid.

Unilab had actually filed a patent invalidation case with the Intellectual Property Office of the Philippines for Pfizer’s Atorvastatin, the original patent for which was held by Warner Lambert, a company that Pfizer bought in 2004.

“We’re trying to understand the basis for the invalidation of the patent. The mere fact that (Unilab) filed a case means that they recognize that there is an existing patent,” she said. “As far as we’re concerned, we’re still under patent, so why are they already selling a generic version (of Lipitor)?”

Right now, she said Pfizer just wanted “to let the court deal with it.”

In a separate interview, Unilab corporate vice president for legal services Jose Maria Ochave said Pfizer’s patent on Lipitor was “still subject to challenge.”

“They don’t have a very strong case,” he said, referring to Pfizer’s patent infringement filing. “Patents are still subject to challenge, and there’s no court order, no (temporary restraining order) that will prevent us or anybody from selling. Pfizer’s claim has no legal basis at all.”

But Pascual said Pfizer merely wanted to ensure that its intellectual property, backed by years of research and development and millions in investment dollars, remained protected.

“It’s not that we don’t welcome generics. We invest up to $1 million and spend up to 15 years just to develop and test one drug. When you invest that much, you also want to make sure you’re protected,” she said.