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Lilly asks judge to reject U.K. Zyprexa case

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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.

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  1. So the Mayor adds another non value added layer to having a vehicle towed? Whereby the City Government RECIEVES AN ILLEGAL KICKBACK FROM A LGOISTICS COMPANY THAT SUBS THE WORK TO LOCAL TOW COMPANIES? What is the service the City performs for receiving the "tribute"? This is RICO!!!!! What a corrupt and unnecessary layer. What a dirtbag Mayor and his cronies.

  2. Owner occupied housing. Clear enough?

  3. So people think I am paranoid. It's from experience in dealing with puds requested by developers who make major donations themselves to representatives, have nice fund raisers for those running for office and hide through pac's. then there are the public relation firms. You will note some pr comments below. You there Clyde Lee? My opinion. Commercial along 421, great. Multifamily housing, terrible idea that will change the town. Senior condos or zero lot line homes west, great. I suggest keeping all entries to commercial areas at 421. All entries to owner occupied on sycamore. Will keep the traffic on sycamore down some. Two other things. You can't trust what will be there in 10 years. Steve builds quality stuff, but areas change over time. Look at the changes at the wall mart center at 86th and 421 over the last 10 years. Look at the apartments and neighborhoods behind St Vincent's. Raintree properties WILL decrease in value if commercial and multifamily goes in near. It has already been happening around the bridges area. The houses that have been sold recently are way below market. Several deals not closed due to the Illinois construction and the whole unsurety of the bridges. It's pretty simple, Zionsville will approve the whole thing because the city council has been groomed over a LONG period of time for this. I might even suggest some are in their position as a result of this.

  4. Esta, do you have a dog in this fight? You seem to really want to knock anyone against this project. No, I didn't move to Indiana for the architecture. I moved here for that red barn in the field. The horses and fields of corn. A place that is NOT overdeveloped. There are plenty of nearby places in Indianapolis that could be REDEVELOPED instead.

  5. RKW - OK, we get it, you're paranoid. The question is, are you paranoid enough? Greg - Yes, Pittman(s) is (are) at it again. They are developers, they build things. It's what they do. So when you go to work tomorrow, Greg, you're at it again too. Cliff - Really? You moved to Indiana for its progressive architecture? That's like moving to England for the cuisine. Zionsvillain - The house you moved to was once a field or woods. I'm willing to bet folks were upset when that ground was plowed under and a house was built. But I guess now that you are in, everything should stop? "My house was OK, but the next one is sprawl." SE Guy - Please don't paint us with such a wide brush. Most reasonable Zionsville residents welcome planned, measured development.

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