Clinical Psychiatry News - Zyprexa patent upheld
A U.S. District Court upheld the patent held by Eli Lilly & Co. on olanzapine (Zyprexa), an antipsychotic drug that accounts for about one-third of Lilly’s revenue; net sales in the United States were $2.4 billion in 2004. Two generic drug makers, Ivax Corp. and Teva Pharmaceuticals Industries Ltd.
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argued that the patent for the drug should never have been issued because Zyprexa was already covered by another patent. Lilly, however, contended that its drug was different from previously patented medications. The judge dismissed all claims against Lilly, noting among other findings that “defendants have failed to prove by clear and convincing evidence that anyone associated with the prosecution of the [Zyprexa] patent misrepresented or concealed … information with an intent to deceive the Patent and Trademark Office.” Ivax officials expressed disappointment with the ruling. “Ivax continues to strongly believe that the Zyprexa patent is invalid and we immediately intend to aggressively pursue all remedies available to us, including appealing this decision to the U.S. Court of Appeals,” the company said in a statement. But Lilly officials hailed the ruling, saying it “sends a clear message on the strength of” the patent.
COPYRIGHT 2005 International Medical News Group
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