Lilly patent upheld by appeals court

Eli Lilly has had its patent on Zyprexa (olanzapine), one due to expire in 2011, upheld by the US District Court. This decision follows oral arguments presented to the courts on April 6th 2006.

In the original case of Eli Lilly against Zenith Goldline Pharmaceuticals, the US District Court for the Southern District of Indiana ruled in favour of Lilly on April 14th 2005 on all challenges.

These patent challenges from Zenith Goldline included obviousness, double patenting, anticipation, inequitable conduct, anticipation and public use.

Sidney Taurel, chairman and chief executive officer of Lilly, said: “Today’s appeals court ruling not only affirms the validity of our patent, but upholds patent law that helps enable the significant investments required to develop the next generation of revolutionary medicines for the patients who need them.”

Zyprexa is Lilly’s branded form of olanzapine, a compound indicated in the treatment of acute manic and mixed episodes of bipolar disorder, schizophrenia and maintenance treatment for patients with bipolar disorder.

In December 2005, Lilly published the results of a study showing no difference in the sum of treatment costs for patients starting treatment with Zyprexa compared with those beginning treatment with conventional antipsychotic pharmaceuticals.