This is a relatively rare instance in which a so-called use patent stands up to legal scrutiny. It must have helped PFE’s case considerably that the ED utility of sildenafil was discovered by accident.
The new higher hurdle for showing inequitable conduct (#msg-63573604) presumably worked to PFE’s advantage too.
Viagra now has US exclusivity until Apr 2020 and Revatio has US exclusivity until Sep 2012 (oral) and May 2013 (IV).
Viagra has US exclusivity for seven years longer than Revatio because PFE’s “use” patent for sildenafil in treating ED stood up to judicial scrutiny in a case decided last summer. As noted in #msg-66190222, it probably helped PFE’s case considerably that the use of sildenafil for ED was discovered by accident.