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Lilly's Strattera patent upheld in US

The US court of appeals has upheld the validity of Eli Lilly & Company's patent for ADHD drug Strattera

The US court of appeals has upheld the validity of Eli Lilly & Company's patent for attention deficit hyperactivity disorder (ADHD) drug Strattera (atomoxetine).

The decision overturns a previous ruling by a judge that Lilly's patent on the medicine was invalid, potentially opening the market to generic competition.

However, the most recent decision upholds Lilly's method-of-use patent which provides protection for Strattera until May, 2017.

Companies looking to capitalise on the loss of patent with their own versions of atomoxetine included Sun Pharmaceutical, Novartis' Sandoz unit, Aurobindo Pharma and Glenmark Pharmaceuticals.

Robert A Armitage, senior vice president and general counsel for Lilly, commented on the appeal: "In overturning the prior district court ruling, we believe that the Court fairly applied long-standing patent law principles."

1st August 2011

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