IBJNews

Lilly asks judge to reject U.K. Zyprexa case

Back to TopCommentsE-mailPrintBookmark and Share

Eli Lilly and Co., the Indianapolis-based drugmaker whose best-selling schizophrenia medicine Zyprexa survived a patent challenge in Britain two years ago, has asked a U.K. judge to reject a parallel lawsuit by a closely held generics company.

Neopharma Ltd., which holds European marketing rights for generic olanzapine, should have its revived claim dismissed without a trial because it can’t realistically prove the patent is invalid, Lilly’s lawyer said Monday in London. Neopharma sold the generic in the U.K. in 2008 before a temporary court injunction forced it to stop.

Neopharma’s claim that “the patent is invalid has no prospect of success, having already been rejected in a number of courts around the world,” Lilly’s lawyer, Thomas Mitcheson, said in court papers outlined in Monday’s hearing.

The Court of Appeal in London affirmed the patent’s validity in December 2009, in a challenge by India’s Dr. Reddy’s Laboratories Ltd. Eli Lilly had already won a similar case in the U.S. The drug accounted for more than $5 billion in sales for the company last year, or about 22 percent of its global revenue. The drug’s European patent expires in the U.K. on Sept. 26, while its U.S. protection ends in October.

Neopharma’s lawyer, Antony Watson, said the case must go to trial because he will introduce “fresh evidence” and because the lawsuit involves new claims that haven’t been addressed in the U.K. The patent should be revoked because the development is too “obvious” to experts in the field, he said.

The specific argument made by Neopharma was already rejected by courts in the Czech Republic, Slovakia, Canada and the U.S., Eli Lilly said in its filing.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
ADVERTISEMENT