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Eli Lilly Patent Decision Upheld

29 Dec 2006

Eli Lilly & Company won a federal appeals court ruling on December 26, sustaining its patent on the anti-psychotic drug, Zyprexa.

Generic pharmaceutical makers Dr. Reddy's Laboratories and the Ivax unit of Teva Pharmaceutical Industries had requested that the court rule the patent invalid due to Lilly's alleged "failure to disclose information" to the U.S. Patent and Trademark Office. They argued that an April 2005 federal district court ruling that Zyprexa was protected until 2011--the expiration date of the patent--was in error. The U.S. Court of Appeals for the Federal Circuit in Washington, D.C. declared that "no reversible error" was found in the ruling.

Zyprexa is Lilly's top-selling product, accounting for 28 percent of the company's total revenue during the third quarter of 2006.

Source: The Associated Press. Federal court upholds Eli Lilly Zyprexa patent. December 26, 2006. [Online]

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