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Strategies & Market Trends : Cents and Sensibility - Kimberly and Friends' Consortium
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To: Kimberly Lee who wrote ()2/25/2000 9:21:00 AM
From: harkenman   of 108040
 
BRL (NYSE) $1 billion+ Prozac patent challenge March 8
Fedl Appeals Court To Hear Prozac Patent Challenge March 8

POMONA, N.Y. -- The federal appeals court in Washington D.C. will hear oral arguments on March 8 concerning Barr Laboratories Inc.'s (BRL) challenge of the patents protecting Eli Lilly & Co. 's (LLY) Prozac anti-depressant treatment.

In a press release Wednesday, Barr said the two patents protecting Prozac from competition are invalid. Barr's argument before the appeals court will involve "double patenting" and "best mode" claims. The drug developer said the U.S. District Court in Indiana dismissed these claims at pre-trial hearings last year.

Barr, which filed an abbreviated new drug application for a generic version of Prozac, initiated the patent challenge in April 1996. The company expects a decision from the appeals court as early as the second calendar quarter of 2000.

On Jan. 24, 1999, Eli Lilly alleged two competitors infringed on its Prozac patent rights. At the time, Barr and a unit of Novartis AG (Z.NOV) said the patents are faulty and they should be allowed to produce a cheaper, generic version of the drug.

-Eamon Beltran; Dow Jones Newswires; 201-938-5400
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