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To: Jim Spitz who wrote (37537)1/15/2002 8:17:18 AM
From: Jim Spitz  Read Replies (1) | Respond to of 37746
 
Lilly moving on after losing Prozac patent appeal


Published Jan 15 2002

INDIANAPOLIS -- After fighting for six years to maintain
its patent on Prozac, Eli Lilly and Co. reached the end of the
legal road Monday when the U.S. Supreme Court refused to
consider reinstating the drugmaker's rights to the popular
antidepressant.

Company officials said they were disappointed but not
surprised.

Generic versions of Prozac went on the market last year,
shortly after a federal appeals court invalidated Lilly's patent.
That patent would have protected the company's monopoly
until December 2003 and brought in an estimated $4 billion in
sales.

Lilly sued generic-drug manufacturers for patent infringement
in 1996, when they sought Food and Drug Administration
approval to make a generic form of Prozac.

Barr Laboratories Inc. and other generic drugmakers claimed
Lilly had improperly double-patented Prozac to extend its
exclusive control over the drug. The appeals court agreed.

The Supreme Court did not comment in rejecting Lilly's appeal
of that ruling.

-- Associated Press
© Copyright 2002 Star Tribune. All rights reserved.