Dive Brief:
- Although the primary patent on Pfizer's Lyrica (pregabalin) for epilepsy and generalized anxiety disorder (GAD) has already lapsed, the secondary patent for neuropathic pain does not expire until 2017.
- Generic manufacturers have launched generic pregabalin for the primary indications. But many patients are using it for the neuropathic pain indication.
- Pfizer is claiming patent infringement because of the widespread use of pregabalin for neuropathic pain.
Dive Insight:
Pfizer has attempted to address patent infringement of pregabalin through various channels in the U.K., including not only the legal system, but also by going directly to prescribing physicians with a letter to the Royal College of Physicians, as well as the National Health Serivce (NHS). Nonetheles, Pfizer cites statistics showing that 80% of the pregabalin prescribed is used to treat neuropathic pain.
Currently, Pfizer has a court order against Allergan (which it filed while the company was still called Actavis), which is preparing to launch generic pregabalin, making it first to market with a generic version of Lyrica.
Next week, High Court Justice Richard David Arnold will hear the case in full.