Supreme Court paves way for generic Viagra, striking down Pfizer patent

By Mike Blanchfield, The Canadian Press

OTTAWA - Canada's market for generic erectile dysfunction drugs was thrown open for business Thursday after the Supreme Court of Canada invalidated the Viagra patent held by the pharmaceutical giant Pfizer.

Hours after Teva Canada, the Canadian drug company, won its appeal before the high court, it posted notice of its own generic version on its website the first commercial challenge to Pfizer's 14-year Viagra monopoly.

The Supreme Court, in an unanimous 7-0 ruling, annulled Pfizer's Viagra patent, saying it tried to "game" the Canadian system. The high court sided with Teva Canada's challenge of the legitimacy of the patent, paving the way for cheaper, generic versions.

The decision has big implications for users of erectile dysfunction drugs and the pharmaceutical industry because it allows companies to create generic versions that are usually cheaper for consumers.

Teva pledged Thursday to sell its new generic version of the drug at a "significantly lower" cost than Viagra.

Company president Barry Fishman said in a statement that his company's new generic drug "will not only result in millions in savings to consumers, but it will make this medication accessible to people who might otherwise (have) not been able to afford it."

Teva's website featured a notice entitled, "Introducing Novo-Sildenafil," a product it described as was "a generic alternative to Viagra."

The notice contained few other details, except to say the company's products are available by prescription and that patients and customers are encouraged to discuss their options with health care practitioners.

"Canadian consumers will be saving money on it. There will probably be other generics involved soon enough," said Richard Gold, an intellectual property expert at Montreal's McGill University.

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Supreme Court paves way for generic Viagra, striking down Pfizer patent