Lilly wins ban of generic Strattera pending appeal

August 31, 2010

Eli Lilly and Co., the world’s biggest maker of psychiatric drugs, won a court order banning generic versions of the attention-deficit treatment Strattera until a patent appeal is decided.

The U.S. Court of Appeals for the Federal Circuit in Washington on Tuesday granted Lilly’s request to prevent sales until the court rules on a judge’s decision invalidating a patent on the medicine. The court, which specializes in patent law, has said it would hear the appeal quickly.

Strattera generated U.S. sales of $445.6 million last year. Sun Pharmaceuticals Industries Ltd., based in Mumbai, said earlier Tuesday that the U.S. Food and Drug Administration approved its application to sell a copy of the drug, known by its chemical name atomoxetine hydrochloride.

“Today’s ruling will prevent the launch of a generic version of Strattera while the court considers our appeal under an expedited briefing schedule,” Mark Taylor, a spokesman for Indianapolis-based Lilly, said in an e-mail.

Other companies seeking to sell copies of Strattera are Mylan Inc., Teva Pharmaceutical Industries Ltd.; Novartis AG’s Sandoz unit; Synthon BV; Iceland’s Actavis Group hf; Canada’s Apotex Inc.; and India’s Aurobindo Pharma Ltd., Glenmark Pharmaceuticals Ltd., and Cadila Healthcare Ltd.’s Zydus.


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