Fed. Circ. Affirms Lilly's Strattera Patent

Law360, Los Angeles (July 29, 2011, 8:41 PM EDT) -- The Federal Circuit on Friday upheld the validity of drugmaker Eli Lilly & Co.'s patent for attention deficit hyperactivity disorder drug Strattera, dealing a blow to Actavis Elizabeth LLC, Apotex Inc. and other generic-drug makers who had hoped to market a version of the drug.

The three-judge panel reversed a New Jersey federal court decision, ruling that U.S. Patent Number 5,658,590 is valid and enforceable until it expires in May 2017. The appeals court found that a U.S. Patent and Trademark Office rule that regulates patent...
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